GOVERNMENT  OF   MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

Maharashtra Act No. XVIII of 2000.

The Maharashtra Rent Control Act, 1999.

(As  modified  upto  the  8th  February  2016)

*

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PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,
MAHARASHTRA  STATE,  MUMBAI  400  004

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H 4117-Cover

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The Maharashtra Rent Control Act, 1999

1

THE  MAHARASHTRA  RENT  CONTROL  ACT,  1999.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I
PRELIMINARY

1. Short  title,  extent  and  commencement.

.  .

.  .

.  .
2. Application.
.  .
3. Exemption.
4. Power  of  State  Government  to  issue  orders  in  respect  of  premises

.  .
.  .

.  .
.  .

.  .
.  .

belonging  to  local  authority,  etc.
.  .
5. Cessation  of  exemption.
6. Provisions  with  regard  to  standard  rent  not  to  apply  to  certain

.  .

.  .

premises.
7. Definitions.

.  .

.  .

.  .

.  .

CHAPTER  II

PROVISIONS REGARDING FIXATION OF STANDARD RENT
AND PERMITTED INCREASE

8. Court  may  fix  standard  rent  and  permitted  increases  in  certain

cases.

9. No  applications  for  standard  rent  in  certain  circumstances.

10. Rent  in  excess  of  standard  rent  illegal.

.  .

.  .
.  .

11.

12.

Increase in rent annually and on account of improvement, etc., special
addition,  etc.,  and  special  or  heavy  repairs.
Increase  in  rent  on  account  of  payment  of  rates,  etc.

.  .

13. Certain  increase  in  rent  excepted.
.  .
14. Landlords’  duty  to  keep  premises  in  good  repair.

.  .
.  .

CHAPTER  III

RELIEF AGAINST FORFEITURE
15. No  ejectment  ordinarily  to  be  made  if  tenant  pays  or  is  ready  and

willing  to  pay  standard  rent  and  permitted  increases.

CHAPTER  IV
RECOVERY OF POSSESSION

16. When  landlord  may  recover  possession.

.  .

17. Recovery  of  possession  for  repairs  and  re-entry.
18. Recovery  of  possession  for  occupation  etc.,  and  re-entry.
19. Recovery  of  possession  for  demolishing  building.

.  .

.  .
.  .
.  .

20. Tenants’  right  to  give  notice  to  landlord  of  his  intention  to  occupy

tenement  in  new  building.

21. Landlord  to  intimate  to  tenant  date  of  completion  and  tenant’s  right

to  occupy  premises  in  new  building.

22. Recovery  of  possession  in  case  of  tenancy  created  during  service

period.

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SECTIONS.

CHAPTER  V

PAGES

SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES.

23. Members  of  armed  forces  of  the  Union,  scientists  or  their  successor-

in-interest  entitled  to  recover  possession  of  premises  required  for
their  occupation.

24. Landlord  entitled  to  recover  possession  of  premises  given  on  licence

on  expiry.

CHAPTER  VI
PROVISIONS REGARDING SUB-TENANCIES AND OTHER MATTERS
CONCERNING TENANCIES
25. Certain  sub-tenants  to  become  tenants  on  determination  of  tenancy.
In  absence  of  contract  tenant  not  to  sub-let  or  transfer  or  to  give  on
26.
licence.

27. State  Government  or  Government  allottee  to  become  tenant  of

premises  requisitioned  or  continued  under  requisition.

Inspection  of  premises.

.  .
28.
29. Landlord  not  to  cut-off  or  withhold  essential  supply  or  service. .  .
30. Conversion  of  residential  into  commercial  premises  prohibited.  .  .
.  .
31. Giving  receipt  for  any  amount  received  compulsory.
.  .
32. Recovery  of  rent  according  to  British  Calendar.     .  .

    .  .

.  .

CHAPTER  VII
PROVISIONS REGARDING JURISDICTION OF COURTS, SUITS, APPEALS,
PRACTICE AND PROCEDURE

33. Jurisdiction  of  Courts.
34. Appeal.  .  .
35. Saving  of  suit  involving  title.
36. Compensation  in  respect  of  proceedings  which  are  not bona  fide  or

.  .
.  .
.  .

.  .
.  .
.  .

.  .
.  .
.  .

.  .

are  false,  frivolous  or  vexatious.

37. Procedure  of  courts.
38. Time  limit  for  disposal  of  suits,  proceedings  or  appeals.

.  .

.  .

CHAPTER  VIII
SUMMARY DISPOSAL OF CERTAIN APPLICATIONS

39. Provisions  of  this  Chapter  to  have  over-riding  effect.
40. Appointment  of  Competent  Authority.
41. Definition  of  landlord  for  the  purpose  of  Chapter  VIII.

.  .

.  .
.  .

.  .
.  .
.  .

42. Special  provision  for  making  application  to  Competent  Authority  by

landlord  to  evict  tenant  or  licensee.

43. Special  procedure  for  disposal  of  applications.
44. Order  of  competent  Authority  to  be  non-appealable  and  revision  by

.  .

.  .

State  Government.

45. Effect  of  refusal  or  failure  to  comply  with  order  of  eviction.
46. Pending  suits  and  proceedings  in  courts.
47. Bar  of  Jurisdiction.
48. Section  18  to  apply  with  modification.

.  .
.  .
.  .

.  .

.  .
.  .
.  .
.  .

18

21

21

22

22

22

23
23

24

24

24

25

26

26

26

26

26

26

26
27

27
28

28

28

28

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29

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29

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30
30

31

31

31
32

40

40

49. Competent  Authority  to  be  deemed  to  be  public  servant.
50. All  proceedings  before  Competent  Authority  to  be  judicial

.  .

proceedings.

51. Competent  Authority  to  be  deemed  to  be  civil  court  for  certain

purposes.

52. Protection  of  action  taken  under  this  Act.

.  .

.  .

CHAPTER  IX
MISCELLANEOUS

.  .
53. Certain  offences  to  be  cognizable.
54. Offences  by  companies,  etc.
.  .
55. Tanancy  agreement  to  be  compulsarily  registered.
56. Right  of  tenant  and  landlord  to  receive  lawful  charges.
57. Power  to  make  rules.
58. Repeal  and  saving.
59. Removal  of  doubt  as  regards  proceedings  under  Chapter  VII  of  the

.  .
.  .
.  .
.  .
.  .
.  .

.  .
.  .

.  .
.  .

.  .

Presidency  Small  Causes  Courts  Act,  1882.

60. Removal  of  difficulty.
.  .
.  .
.  .

SCHEDULE  I
SCHEDULE  II
SCHEDULE  III.

.  .
.  .
.  .
.  .

.  .
.  .
.  .
.  .

.  .
.  .
.  .
.  .

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The Maharashtra Rent Control Act, 1999

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MAHARASHTRA  ACT  No.  XVIII  OF  20001.
[THE  MAHARASHTRA  RENT  CONTROL  ACT,  1999.]
(This  Act  received  the  assent  of  the  President  on  the  8th  March  2000;

assent  was  first  published  in  the  Maharashtra  Government  Gazette,
Part-IV,  on  the  10th  March  2000.)

An  Act  to  unify,  consolidate  and  amend  the  law  relating  to  the
control  of  rent  and  repairs  of  certain  premises  and  of  eviction  and
for  encouraging  the  construction  of  new  houses  by  assuring  a  fair
return on the investment by landlords and to provide for the matters
connected  with  the  purposes  aforesaid.

WHEREAS  it  is  expedient  to  unify,  consolidate  and  amend  the  laws
prevailing  in  the  different  parts  of  the  State  relating  to  the  control  of  rents
and  repairs  of  certain  premises  and  of  eviction  and  for  encouraging  the
construction  of  new  houses  by  assuring  a  fair  return  and  to  provide  for  the
matters  connected  with  the  purposes  aforesaid;  It  is  hereby  enacted  in  the
Fiftieth  Year  of  the  Republic  of  India  as  follows:—

CHAPTER  I
PRELIMINARY
1. (1) This  Act  may  be  called  the  Maharashtra  Rent  Control  Act,  1999.
(2) It  shall  extend  to  the  whole  of  the  State  of  Maharashtra.
(3) It  shall  come  into  force  on  such  date2  as  the  State  Government

Short  title,
extent  and
commencement.

may,  by  notification  in  the Official  Gazette,  appoint.

2. (1) This Act shall, in the first instance, apply to premises  let for the
purposes  of  residence,  education,  business,  trade  or  storage  in  the  areas
specified  in  Schedule  I  and  Schedule  II.

Application.

Bom.
LVII  of
1947.
C.P.  and
Berar  Act
XI of
1946.
Hyd.
Act  No.
XX of
1954.

(2) Notwithstanding  anything contained  in sub-section  (1),  it  shall  also
apply  to  the  premises  or,  as  the  case  may  be,  houses  let  out  in  the  areas
to  which  the  Bombay  Rents,  Hotel  and  Lodging  House  Rates  Control  Act,
1947 or the Central Provinces and Berar Letting of Houses and Rent Control
Order,  1949  issued  under  the  Central  Provinces  and  Berar  Regulation  of
Letting of Accommodation Act, 1946 and Hyderabad Houses (Rent, Eviction
and  Lease)  Control  Act,  1954  were  extended  and  applied  before  the  date
of  commencement  of  this  Act  and  such  premises  or  houses  continue  to  be
so  let  on  that  date  in  such  areas  which  are  specified  in  Schedule  I  to  this
Act,  notwithstanding  that  the  area  ceases  to  be  of  the  description  therein
specified.

(3) It  shall  also  apply  to  the  premises  let  for  the  purposes  specified  in
sub-section  (1)  in  such  of  the  cities  or  towns  as  specified  in  Schedule  II.
(4) Notwithstanding  anything  contained  hereinabove,  the  State

Government  may,  by  notification  in  the Official  Gazette,  direct  that,—

(a) this Act shall not apply to any of the areas specified in Schedule
I  or  Schedule  II  or  that  it  shall  not  apply  to  any  one  or  all  purposes
specified  in  sub-section  (1);

1  For  Statement  of  Objects  and  Reasons, see  Maharashtra Government  Gazette,  Extra-
ordinary,  Part  V,  pp.  347-349,  dated  27th  July  1993,  for  Report  of  the  Joint  Committee, see
Maharashtra  Government  Gazette,  Extraordinary,  Part  V,  pages  379-441,  dated  23rd  April
1999.

2  31st  day  of  March  2000, vide  G.  N.,  H.  and  S.  A.  D.,  No.  MRA.2000/CR-  14/Bhanika,

dated  the  30th  March  2000,  p.297.

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[2000 : Mah. XVIII

Exemption.

(b) this Act shall apply to any premises let for any or all purposes
specified  in  sub-section  (1)  in  the  areas  other  than  those  specified  in
Schedule  I  and  Schedule  II.
3. (1)  This  Act  shall  not  apply,—

(a)

to  any  premises  belonging  to  the  Government  or  a  local
authority  or  apply  as  against  the  Government  to  any  tenancy,  licence
or  other  like  relationship  created  by  a  grant  from  or  a  licence  given  by
the  Government  in  respect  of  premises  requisitioned  or  taken  on  lease
or  on  licence  by  the  Government,  including  any  premises  taken  on
behalf  of  the  Government  on  the  basis  of  tenancy  or  of  licence  or  other
like  relationship  by,  or  in  the  name  of  any  officer  subordinate  to  the
Government  authorised  in  this  behalf;  but  it  shall  apply  in  respect  of
premises let, or given on licence, to the Government or a local authority
or taken on behalf of the Government on such basis by, or in the name
of,  such  officer  ;

(b) to  any  premises  let  or  sub-let  to  banks,  or  any  Public  Sector
Undertakings  or  any  Corporation  established  by  or  under  any  Central
or  State  Act,  or  foreign  missions,  international  agencies,  multinational
companies, and private limited companies and public limited companies
having  a  paid  up  share  capital  of  rupees  one  crore  or  more.
Explanation.—For  the  purpose  of  this  clause  the  expression  “bank”

means,—

(i) the  State  Bank  of  India  constituted  under  the  State  Bank  of

India  Act,  1955  ;

(ii) a  subsidiary  bank  as  defined  in  the  State  Bank  of  India

(Subsidiary  Banks)  Act,  1959;

(iii) a  corresponding  new  bank  constituted  under  section  3  of  the
Banking  Companies  (Acquisition  and  Transfer  of  Undertakings)  Act,
1970  or  under  section  3  of  the  Banking  Companies  (Acquisition  and
Transfer  of  Undertaking)  Act,  1980;  or

(iv) any  other  bank,  being  a  scheduled  bank  as  defined  in  clause

(e)  of  section  2  of  the  Reserve  Bank  of  India  Act,  1934.
(2) The State Government may direct that all or any of the provisions
of  this  Act,  shall,  subject  to  such  conditions  and  terms,  as  it  may  specify,
not  apply—

(i) to  premises  used  for  public  purpose  of  a  charitable  nature  or

to  any  class  of  premises  used  for  such  purpose;

(ii) to  premises  held  by  a  public  trust  for  a  religious  or  charitable

purpose  and  let  at  a  nominal  or  concessional  rent;

(iii) to premises held by a public trust for a religious or charitable

purpose  and  administered  by  a  local  authority;  or

(iv) to premises belonging to or vested in an university established

by  any  law  for  the  time  being  in  force:
Provided  that,  before  issuing  any  direction  under  this  sub-section,  the
State  Government  shall  ensure  that  the  tenancy  rights  of  the  existing
tenants  are  not  adversely  affected.

(3) The  expression  “premises  belonging  to  the  Government  or  a  local
authority  ”  in  sub-section  (1)  shall,  notwithstanding  anything  contained  in
the  said  sub-section  or  in  any  judgement,  decree  or  order  of  a  court,  not
include  a  building  erected  on  any  land  held  by  any  person  from  the
Government  or  a  local  authority  under  an  agreement,  lease,  licence  or
other  grant,  although  having  regard  to  the  provisions  of  such  agreement,

23  of
1955.

38  of
1959.

5  of
1970.

40  of
1980.

2  of
1934.

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The Maharashtra Rent Control Act, 1999

3

lease,  licence  or  grant,  the  building  so  erected  may  belong  or  continue  to
belong  to  the  Government  or  the  local  authority,  as  the  case  may  be,  and
such person shall be entitled to create a tenancy in respect of such building
or  a  part  thereof.

4. Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may  from  time  to  time, by  general  or  special  order,  direct  that
the  exemption  granted  to  a  local  authority  under  sub-section  (1)  of  section
3  shall  be  subject  to  such  conditions  and  terms  as  it  may  specify  either
generally  or  specially  in  any  particular  case,  as  the  State  Government  may
in  its  discretion  determine.

Power  of  State
Government to
issue  orders  in
respect  of
premises
belonging to
local  authority,
etc.

5. Where there is any contravention of any conditions or terms subject
to  which  any  exemption  is  granted  by  or  under  the  provisions  of  this  Act,
it shall be competent for the State Government to direct that such exemption
shall  cease  to  have  effect  from  such  date  as  may  be  specified  in  the  order  :
Provided  that,  no  such  order  shall  be  made,  unless  the  local  Authority
or  the  religious  or  charitable  institution  or  the  university  referred  to  in
sub-section  (2)  of  section  3  has  been  given  a  reasonable  opportunity  of
showing  cause  as  to  why  such  an  order  should  not  be  issued.

Cessation  of
exemption.

6. Notwithstanding  anything  contained  in  this  Act,  from  the
commencement  of  this  Act,  the  provisions  relating  to  standard  rent  and
permitted  increases  shall  not  apply  to  any  premises  let  or  given  on  licence
in a  building, whether  newly constructed or  otherwise where  such premises
were  not  let  or  given  on  licence  for  a  continuous  period  of  one  year:

Provisions
with  regard  to
standard  rent
not  to  apply  to
certain
premises.

Definitions.

Mah.
XXVIII of
1977.

Mah.
XXIV of
1961.
Mah.
XVI  of
1997.

Provided  that,  nothing  in  this  section  shall  apply  to,—
(a) the  premises  referred  to  in  sections  20  and  21;
(b)

the  premises  which  are  constructed  or  reconstructed  in  any
housing  scheme,  undertaken  by  Government  or  the  Maharashtra
Housing  and  Area  Development  Authority  or  by  any  of  its  Boards
established  under  section  18  of  the  Maharashtra  Housing  and  Area
Development  Act,  1976.
7.
context,—

In  this  Act,  unless  there  is  anything  repugnant  to  the  subject  or

(1) “  Competent  Authority”  means  the  competent  authority  appointed

under  section  40;

(2)

“Government  allottee”,—
(a) in  relation  to  any  premises  requisitioned  or  continued  under
requisition  which  are  allotted  by  the  State  Government  for  any  non-
residential  purpose  to  any  Department  or  office  of  the  State
Government  or  Central  Government  or  any  public  sector  undertaking
or  corporation  owned  or  controlled  fully  or  partly  by  the  State
Government  or  any  Co-operative  Society  registered  under  the
Maharashtra  Co-operative Societies  Act,  1960  or any  foreign  consulate,
by  whatever  name  called,  and  on  the  7th  December  1996,  being  the
date  of  coming  into  force  of  the  Bombay  Rents,  Hotel  and  Lodging
House  Rates  Control,  Bombay  Land  Requisition  and  Bombay
Government  Premises  (Eviction)  (Amendment)  Act,  1996,  were  in  their
occupation  or  possession,  means  the  principal  officer-in-charge  of  such
office  or  department  or  public  sector  undertaking  or  corporation  or
society  or  consulate;  and

(b) in  relation  to  any  premises  requisitioned  or  continued  under
requisition which were allotted by the State Government for residential
purpose  to  any  person  and  on  the  7th  December  1996,  being  the  date

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The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

Mah.
XVI  of
1997.

Bom.
LVII  of
1947.

Mah.
XVI  of
1997.

V  of
1908.

Mah.
XXIV of
1961.

of  coming  into  force  of  the  Bombay  Rents,  Hotel  and  Lodging  House
Rates  Control,  Bombay  Land  Requisition  and  Bombay  Government
Premises  (Eviction)  (Amendment)  Act,  1996,  such  person  or  his  legal
heir  was  in  occupation  or  possession  of  such  premises  for  his  or  such
legal  heir’s  own  residence,  means  such  person  or  legal  heir;
(3) “Landlord”  means  any  person  who  is  for  the  time  being,  receiving,
or  entitled  to  receive,  rent  in  respect  of  any  premises  whether  on  his  own
account  or  on  account,  or  on  behalf,  or  for  the  benefit,  of  any  other  person
or  as  a  trustee,  guardian,  or  receiver  for  any  other  person  or  who  would
so  receive  the  rent  or  be  entitled  to  receive  the  rent  if  the  premises  were
let  to  a  tenant;  and  includes  any  person  not  being  a  tenant  who  from  time
to  time  derives  title  under  a  landlord,  and  further  includes  in  respect  of
his  sub-tenant,  a  tenant  who  has  sub-let  any  premises;  and  also  includes,
in  respect  of  a  licensee  deemed  to  be  a  tenant  under  the  provisions  of  the
Bombay  Rents,  Hotel  and  Lodging  House  Rates  Control  Act,  1947,  the
licensor  who  has  given  premises  on  licence  and  in  respect  of  the  State
Government,  or  as  the  case  may  be,  the  Government  allottee  referred  to  in
sub-clause  (b)  of  clause  (2)  deemed  to  be  a  tenant  by  section  27  the  person
who  was  entitled  to  receive  the  rent  if  the  premises  were  let  to  a  tenant
immediately  before  the  7th  December  1996,  that    is  before  the  coming  into
force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay
Land  Requisition  and  the  Bombay  Government  Premises  (Eviction)
(Amendment)  Act,  1996;

(4) “legal  representative”  means  a  legal  representative  as  defined  in
the  Code  of  Civil  Procedure,  1908,  and  includes  also,  in  the  case  of  joint
family property, the joint family of which the deceased person was a member;
(5) “Licensee”  in  respect  of  any  premises  or  any  part  thereof,  means
the  person  who  is  in  occupation  of  the  premises  or  such  part,  as  the  case
may  be,  under  a  subsisting  agreement  for  licence  given  for  a  licence  fee  or
charge;  and includes  any  person in  such  occupation of  any  premises or  part
thereof  in  a  building  vesting  in  or  leased  to  a  co-operative  housing  society
registered  or  deemed  to  be  registered  under  the  Maharashtra  Co-operative
Societies  Act,  1960;  but  does  not  include  a  paying  guest,  a  member  of  a
family  residing  together,  a  person  in  the  service  or  employment  of  the
licensor, or a person conducting a running business belonging to the licensor
or a person having any accommodation for rendering or carrying on medical
or  para-medical  services  or  activities  in  or  near  a  nursing  home,  hospital
or  sanitorium  or  a  person  having  any  accommodation  in  a  hotel,  lodging
house,  hostel,  guest  house,  club,  nursing  home,  hospital,  sanitorium,
dharmashala,  home  for  widows,  orphans  or  like  premises,  marriage  or
public  hall  or  like  premises,  or  in  a  place  of  amusement  or  entertainment
or  like  institution,  or  in  any  premises  belonging  to  or  held  by  an  employee
or  his  spouse  who  on  account  of  exigencies  of  service  or  provisions  of
residence  attached  to  his  or  her  post  or  office  is  temporarily  not  occupying
the  premises,  provided  that  he  or  she  charges  licence  fee  or  charge  for
such  premises  of  the  employee  or  spouse  not  exceeding  the  standard  rent
and  permitted  increase  for  such  premises,  and  any  additional  sum  for
service  supplied  with  such  premises  or  a  person  having  accommodation  in
any  premises  or  part  thereof  for  conducting  a  canteen,  creche,  dispensary
or  other  services  as  amenities  by  any  undertaking  or  institution;  and  the
expressions  “  licence”,  “licensor”  and  “premises  given  on  licence”  shall  be
construed  accordingly;

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5

Bom.  III
of  1888.
C.P  and
Berar  II
of  1950.
Bom.
LIX of
1949.
Mah.
XL of
1965.
Mah.  V
of  1962.

Bom.
III  of
1959.
Act  2  of
1924.
C.P.  and
Berar  Act
XXXVI of
1936.
Mah.
XXVIII
of  1977.

Bom.
XXXIII
of  1948.

Bom.
XVI  of
1939.
Bom.
VII  of
1944.

(6) “local  authority”  means,—

(a) the  Mumbai  Municipal  Corporation  constituted  under  the
Mumbai Municipal Corporation Act or the Nagpur Municipal Corporation
constituted  under  the *City  of  Nagpur  Municipal  Corporation  Act,  1948
or  any  Municipal  Corporation  constituted  in  respect  of  any  city  under
the #Bombay  Provincial  Municipal  Corporations  Act,  1949,

(b) a  Municipal  Council,  constituted  under  the  Maharashtra
Municipal  Councils, Nagar  Panchayats  and  Industrial  Townships  Act,
1965,

(c) a Zilla  Parishad  and  a Panchayat  Samiti  constituted  under

the  Maharashtra  Zilla  Parishads  and  Panchayat  Samitis  Act,  1961,

(d) a  Village Panchayat,  constituted  under  the $Bombay  Village

Panchayats  Act,  1958,

(e) a  cantonment,  constituted  under  the  Cantonments  Act,  1924,

(f) the  Nagpur  Improvement  Trust,  constituted  under  the  Nagpur

Improvement  Trust  Act,  1936,

(g) the  Maharashtra  Housing  and  Area  Development  Authority  or
a  Board,  constituted  under  the  Maharashtra  Housing  and  Area
Development  Act,  1976,

(h) the  City  and  Industrial  Development  Corporation,
(i) the  Pimpri  and  Chinchwad  New  Township  Development
Authority  ;

(7) “paying  guest”  means  a  person,  not  being  a  member  of  the  family,
who  is  given  a  part  of  the  premises,  in  which  the  licensor  resides,  on
licence;

(8) “permitted  increase”  means  an  increase  in  rent  permitted  under

the  provisions  of  this  Act;

(9) “premises”  means  any  building  or  part  of  a  building  let  or  given  on

licence  separately  (other  than  a  farm  building)  including,—

(i)  the  gardens,  grounds,  garages  and  out-houses,  if  any,

appurtenant  to  such  building  or  part  of  a  building,

(ii) any fitting affixed to such building or part of a building for the
more  beneficial  enjoyment  thereof,  but  does  not  include  a  room  or
other  accommodation  in  a  hotel  or  lodging  house;
  (10)  “  premises  requisitioned  or  continued  under  requisition”  means
premises  requisitioned  or  continued  under  requisition  under  the †Bombay
Land  Requisition  Act,  1948;

(11) “prescribed”  means  prescribed  by  rules;
(12) “repealed  Act”  or  “repealed  Acts”  means  the  Act,  or  Acts  referred

to  in  section  58;

(13) “rules”  means  the  rules  made  under  this  Act;
(14) “standard  rent”  in  relation  to  any  premises  means,—

(a) where  the  standard  rent  is  fixed  by  the  Court  or,  as  the  case
may  be,  the  Controller  under  the  Bombay  Rent  Restriction  Act,  1939,
or  the  Bombay  Rents,  Hotel  Rates  and  Lodging  House  Rates  (Control)
Act, 1944 or the Bombay Rents, Hotel and Lodging House Rates Control

* This Act has been repealed by the Bombay Provincial Municipal Corporations (Amendment)

and  the  city  of  Nagpur  Corporation  (Repeal)  Act,  2011  (Mah.  23  of  2012),  s.  7.

# The short title to this Act has been amended as “Maharashtra Municipal Corporations Act”

by  Mah.  23  of  2012,  s.  4.

$ The  short  title  of  this  Act  has  been  amended  as  “Maharashtra  Village  Panchayats  Act”  by

Mah.  24  of  2012,  s.  2,  Sch.  Entry  no.  74,  w.e.f.  1.5.1960.

† The short title of this Act has been amended as “Maharashtra Land Requisition Act” by Mah.

24  of  2012,  s.  2,  Sch.,  Entry  no.  32,  w.e.f.  1.5.1960.

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The Maharashtra Rent Control Act, 1999

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Act,  1947,  or  the  Central  Provinces  and  Berar  Letting  of  Houses  and
Rent  Control  Order,  1949  issued  under  the  Central  Provinces  and
Berar  Regulation  of  Letting  of  Accommodation  Act,  1946,  or  the
Hyderabad  Houses  (Rent,  Eviction  and  Lease)  Control  Act,  1954,  such
rent plus  an  increase  of  5  per  cent.,  in  the  rent  so  fixed;  or

Bom.
LVII  of
1947.
C.P.
and
Berar
No.XI of
1946.
Hyd.
Act  No.
XX of
1954.

(b) where  the  standard  rent  or  fair  rent  is  not  so  fixed,  then  subject

to  the  provisions  of  sections  6  and  8,—

(i) the  rent  at  which  the  premises  were  let  on  the  1st  day  of

October  1987;  or

(ii) where  the  premises  were  not  let  on  the  1st  day  of  October
1987  or  the  rent  at  which  they  were  last  let  before  that  day, plus
increase  of  5  per  cent.  in  the  rent  of  the  premises  let  before  the  1st
day  of  October  1987,  or

(c) in  any  of  the  cases  specified  in  section  8,  the  rent  fixed  by  the

Court;

(15) “tenant”  means  any  person  by  whom  or  on  whose  account  rent  is

payable  for  any  premises  and  includes,—

(a) such  person,—

(i) who  is  a  tenant,  or

(ii) who  is  a  deemed  tenant,  or

(iii) who  is  a  sub-tenant  as  permitted  under  a  contract  or  by

the  permission  or  consent  of  the  landlord,  or

(iv) who  has  derived  title  under  a  tenant,  or

(v) to  whom  interest  in  premises  has  been  assigned  or

transferred  as  permitted,

by  virtue  of,  or  under  the  provisions  of,  any  of  the  repealed  Acts;

(b) a  person  who  is  deemed  to  be  a  tenant  under  section  25;

(c) a  person  to  whom  interest  in  premises  has  been  assigned  or

transferred  as  permitted  under  section  26;

(d)  in  relation  to  any  premises,  when  the  tenant  dies,  whether  the
death occurred before or after the commencement of this Act, any member
of  the  tenant’s  family,  who,—

(i) where  they  are  let  for  residence,  is  residing,  or

(ii) where  they  are  let  for  education,  business,  trade  or  storage,
is  using  the  premises  for  any  such  purpose,  with  the  tenant  at  the
time  of  his  death,  or,  in  the  absence  of  such  member,  any  heir  of  the
deceased  tenant,  as  may  be  decided,  in  the  absence  of  agreement  by,
the  court.

Explanation.—The  provisions  of  this  clause  for  transmission  of
tenancy  shall  not  be  restricted  to  the  death  of  the  original  tenant,  but
shall  apply  even  on  the  death  of  any  subsequent  tenant,  who  becomes
tenant under these provisions on the death of the last preceding tenant.

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7

CHAPTER  II

PROVISIONS REGARDING FIXATION OF STANDARD RENT AND PERMITTED INCREASE

8.

(1) Subject  to  the  provisions  of  section  9  in  any  of  the  following
cases,  the  court  may,  upon  an  application  made  to  it  for  the  purpose,  or  in
any  suit  or  proceedings,  fix  the  standard  rent  at  such,  amount  as,  having
regard  to  the  provisions  of  this  Act  and  the  circumstances  of  the  case,  the
court,  deems  just,—

Court  may  fix
standard  rent
and
permitted
increases  in
certain  cases.

(a) where  the  court  is  satisfied  that  there  is  no  sufficient  evidence
to  ascertain  the  rent  at  which  the  premises  were  let  in  any  one  of  the
cases  mentioned  in  paragraphs  (i)  and  (ii)  of  sub-clause  (b)  of  clause  (14)
of  section  7;  or

(b) where  by  reasons  of  the  premises  having  been  let  at  one  time  as
a  whole  or  in  parts  and  at  another  time,  in  parts  or  as  a  whole,  or  for
any  other  reasons;  or

(c) where any premises have been or are let rent-free or, at a nominal

rent;  or  for  some  consideration  in  addition  to  rent;  or

(d) where  there  is  any  dispute  between  the  landlord  and  the  tenant

regarding  the  amount  of  standard  rent.

(2) If  there  is  any  dispute  between  the  landlord  and  the  tenant
regarding  the  amount  of  permitted  increase,  the  court  may  determine  such
amount.

(3) If  any  application  for  fixing  the  standard  rent  or  for  determining

the  permitted  increase  is  made  by  a  tenant,—

(a) the court shall forthwith specify the amount of rent, or permitted
increase  which  are  to  be  deposited  in  court  by  the  tenant,  and  make  an
order  directing  the  tenant  to  deposit  such  amount  in  court  or,  at  the
option  of  the  tenant,  make  an  order  to  pay  to  the  landlord  such  amount
thereof  as  the  court  may  specify  pending  the  final  decision  of  the
application.  A  copy  of  the  order  shall  be  served  upon  the  landlord;

(b) out  of  any  amount  deposited  in  the  court  under  clause  (a),  the
court  may  make  an  order  for  payment  of  such  reasonable  sum  to  the
landlord  towards  payment  of  the  rent  or  increases  due  to  him  as  it
thinks  fit;

(c) if the  tenant fails  to deposit such  amount or, as  the case  may be,
to  pay  such  amount  thereof  to  the  landlord,  his  application  shall  be
dismissed.

(4) (a) Where  at  any  stage  of  a  suit  for  recovery  of  rent,  whether  with
or without a claim for possession of the premises, the court is satisfied that
the  rent  is  excessive  and  standard  rent  should  be  fixed,  the  court  may,  and
in  any  other  case,  if  it  appears  to  the  court  that  it  is  just  and  proper  to
make  such  an  order,  the  court  may  make  an  order  directing  the  tenant  to
deposit  in  court  forthwith  such  amount  of  the  rent  as  the  court  considers
to  be  reasonable  due  to  the  landlord,  or  at  the  option  of  the  tenant,  an
order  directing  him  to  pay  to  the  landlord  such  amount  thereof  as  the
court  may  specify.

(b) The court may further make an order directing the tenant to deposit
in court periodically such amount as it considers proper as interim standard
rent,  or  at  the  option  of  the  tenant,  an  order  to  pay  to  the  landlord,  such
amount  thereof  as  the  court  may  specify,  during  the  pendency  of  the  suit.

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The Maharashtra Rent Control Act, 1999

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No
application
for  standard
rent in
certain
circumstances.

Rent  in
excess  of
standard  rent
illegal.

Increase in
rent annually
and  on
account of
improvement
etc.,  special
addition  etc.,
and  special
or heavy
repairs.

(c) The  court  may  also  direct  that  if  the  tenant  fails  to  comply  with
any  order  made  as  aforesaid,  within  such  time  as  may  be  allowed  by  it,  he
shall  not  be  entitled  to  appear  in  or  defend  the  suit  except  with  leave  of
the court, which leave may be granted  subject to such terms and conditions
as  the  court  may  specify.

(5) No  appeal  shall  lie  from  any  order  of  the  court  under  sub-sections

(3)  and  (4).

(6) An application under this section may be made jointly by all or any
of  the  tenants  interested  in  respect  of  the  premises  situated  in  the  same
building.

9. No  court  shall,  upon  an  application  or  in  any  suit  or  proceedings,
fix the standard rent of any premises under section 8, or entertain any plea
that the rent or increases are excessive, if the standard rent or the permitted
increase in respect of the same premises have been duly fixed by a competent
court  on  the  merits  of  the  case,  without  any  fraud  or  collusion  or  an  error
of  the  facts,  and  there  has  been  no  structural  alternations  or  change  in  the
amenities  or  in  respect  of  any  other  factors  which  are  relevant  to  the
fixation  of  the  standard  rent,  or  change  in  such  increases,  thereafter  in  the
premises.

10.

(1) Save  as  otherwise  provided  in  section  6,  it  shall  not  be  lawful
to claim or receive on account of rent, for any premises any increases above
the  standard  rent  and  the  permitted  increases,  unless  the  landlord  was,
before  the  coming  into  operation  of  this  Act,  entitled  to  recover  such
increase  by  virtue  of,  or  under,  the  provisions  of  any  of  the  repealed  Acts
or  is  entitled  to  recover  such  increase  under  the  provisions  of  this  Act.

(2) Any contravention of provisions of sub-section (1) shall be an offence
punishable,  on  conviction,  with  imprisonment  not  exceeding  three  months
or  fine  not  exceeding  rupees  five  thousand  or  with  both.

11.

(1) After  the  commencement  of  this  Act  a  landlord  shall  be
entitled  to  make  an  increase  of  4  per  cent.  per  annum  in  the  rent  of  the
premises  let  for  any  of  the  purposes  referred  to  in  sub-section  (1)  of  section  2.
Explanation.—For  the  purposes  of  this  sub-section,  the  period  of  one
year  on  completion  of  which  rent  shall  be  so  increased  shall  be  computed
from  the  date  of  commencement  of  this  Act.

(2) A  landlord  shall  also  be  entitled  to  make  such  increase  in  the  rent
of  the  premises  as  may  be  reasonable  for  an  improvement  or  structural
alterations  of  the  premises  which  has  been  made  with  the  consent  of  the
seventy  per  cent.  of  the  tenants  given  in  writing.

Explanation.—In  this  sub-section,  improvements  and  alterations  do
not  include  the  repairs  which  the  landlord  is  bound  to  make  under  sub-
section  (1)  of  section  14.

(3) (a) Notwithstanding  anything  contained  in  sub-section  (2),  but
subject  to  the  provisions  of  clauses  (b)  and  (d),  a  landlord  shall  further  be
entitled  to  make  an  increase  in  the  rent  of  premises  by  an  addition  to  the
rent  in  the  manner  prescribed  of  an  amount  not  exceeding  fifteen  per  cent.
per  annum  of  the  expenses  incurred  on  account  of  special  additions  to
premises  or  special  alterations  made  therein  or  additional  amenities
provided  for  the  premises  or  on  account  of  improvements  or  structural
alterations  made under  sub-section  (2)  after  the commencement  of  this  Act.
Explanation.—For  the  purpose  of  this  clause,  the  expression  “expenses
incurred”  in  relation  to  the  execution  of  any  work  specified  therein,  means
the  total  cost  incurred  therefor  as  certified  by  the  municipal  authority  or
an  architect  from  a  panel  of  architects  notified  by  the  State  Government
for  the  purposes  of  this  Act.

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9

(b) Before  making  any  increase  under  clause  (a),  the  landlord  shall
obtain  a  certificate  from  the  municipal  authority  that  he  was  required  by
it  to  make  or  to  provide  such  additions,  alterations,  improvements  or
amenities  and  has  completed  them  in  conformity  with  its  requirements.
(c) If  a  landlord,  when  required  by  a  municipal  authority  to  execute
the  work  of  any  such  additions,  improvements,  alterations  or  amenities,
fails  to  do  so,  the  tenant  or  the  tenants  interested  in  such  work  may  seek
the  approval  of  the  municipal  authority  for  executing  such  work.  The
municipal  authority  shall  grant  the  approval,  unless  other  measures  are
taken  by  it  to  execute  the  said  work.  While  granting  the  approval,  the
municipal  authority  shall  specify  the  nature  of  the  work.  Upon  such
approval  being  granted,  the  tenants  shall  be  entitled  to  execute  the  said
work  and  the  expenses  incurred  for  such  work  shall,  for  all  purposes,  be
binding on the landlord. The tenants shall also be entitled to deduct amount
of  expenses  incurred  for  such  work  from  the  rent  which  from  time  to  time
becomes  due  by  them  to  the  landlord  or  otherwise  recover  such  amount
from  him  :

Provided  that,  where  such  work  is  jointly  executed  by  the  tenants  the
amount  to  be  deducted  or  recovered  by  each  tenant  shall  bear  the  same
proportion  as  the  rent  payable  by  him  in  respect  of  his  premises  bears  to
the  total  amount  of  the  expenses  incurred  for  such  work  :

Provided  further  that,  the  total  amount  so  deducted  or  recoverable

shall  not  exceed  the  amount  of  expenses  incurred  for  such  work.

Explanation.—For  the  purposes  of  this  sub-section,—
(a) the  expression  “municipal  authority”  includes,—

(i) in  the  case  of  any  Municipal  Corporation,  the  Municipal
Commissioner  or  any  officer  of  the  Municipal  Corporation  authorised
by  him  in  this  behalf;

(ii) in  the  case  of  any  Municipal  Council,  the  Chief  Officer  of  the

Council;  and

(iii)  in  the  case  of  any  Cantonment,  the  Executive  Officer  of  the

Cantonment;
(b) the  expression  “expenses  incurred  for  such  work”  means  the  total
cost  as  certified  by  the  municipal  authority  or  an  architect  from  the  panel
of  architects  notified,  by  the  State  Government  for  the  purposes  of  this
Act.

(d) In  respect  of  any  work  executed  by  the  tenants  under  clause  (c)
and  where  the  total  amount  of  the  expenses  incurred  for  such  work  is
deducted  or  recovered  by  the  tenant  or  tenants,  as  the  case  may  be,  in
accordance  with  the  provisos  thereto,  the  landlord  shall  be  entitled  to
make  the  increase  permitted  under  clause  (a);  and  such  increase  of  rent
shall  be  payable  from  the  month  following  the  month  in  which  such  total
amount  is  so  deducted  or  recovered.

(4) (a) The  landlord  shall  also  be  further  entitled  to  make,  on  account
of  special  or  structural  repairs  made  by  him  in  accordance  with  the
provisions  of  this  sub-section,  a  temporary  increase  in  the  rent  of  premises
by an addition to the rent, in the manner prescribed at a rate not exceeding
twenty-five  per  cent.  of  the  standard  rent;  and  the  increase  of  rent  shall  be
payable  from  the  date  of  completion  of  the  repairs  till  the  amount  of  the
expenditure  for  such  repairs  is  recovered  from  the  tenant.

Explanation.—Nothing  in  this  sub-section  shall  apply  to  the  structural
repairs  to  buildings  carried  out  by  the  Mumbai  Repairs  and  Reconstruction
Board  under  Chapter  VIII  of  the  Maharashtra  Housing  and  Area
Development  Act,  1976.

Mah.
XXVIII
of  1977.

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[2000 : Mah. XVIII

Increase in
rent on
account of
payment  of
rate,  etc.

(b) Before  making  any  increase  under  clause  (a),  the  landlord  shall
obtain,  in  the  prescribed  manner  and  in  the  prescribed  form,  a  declaration
from  the  prescribed  authority  or  a  certificate  from  an  architect  from  a
panel  of  architects  notified  by  the  State  Government  for  the  purposes  of
this  Act;  asserting  that  it  is  necessary  to  undertake  such  repairs  and
specifying  the  nature  and  extent  of  repairs  required  and  the  estimated  cost
therefor,  and  after  such  repairs  are  carried  out,  the  landlord  shall  also
obtain,  in  the  prescribed  manner  and  in  the  prescribed  form,  a  certificate
from such prescribed authority or such architect confirming that the repairs
were  carried  out  in  accordance  with  the  declaration,  or  as  the  case  may  be,
the  certificate  aforesaid  and  fixing  the  date  of  completion  of  the  repairs
and  the  actual  expenses  therefor.

(c) The  increase  in  rent  under  clause  (a)  shall  be  recoverable  from  all
tenants  occupying  premises  in  the  building  on  the  basis  of  the  actual
expenses  incurred  as  specified  in  a  certificate  from  the  municipal  authority
or  the  architect  as  aforesaid,  and  the  amount  to  be  recovered  from  each
tenant shall bear the same proportion as the rent payable by him in respect
of  his  premises  bears  to  the  total  amount  of  actual  expenses.

12.

(1) Where  a  landlord  is  required  to  pay  to  Government  or  to  any
local  authority  or  statutory  authority  in  respect  of  any  premises  any  fresh
rate,  cess,  charges,  tax,  land  assessment,  ground  rent  of  land,  or  any  other
levy  on  lands  and  building,  or  increase  in  rate,  cess,  charges,  tax,  land
assessment,  ground  rent  of  land  or  any  other  levy  on  lands  and  buildings,
he  shall,  notwithstanding  anything  contained  in  any  other  provisions  of
this  Act  but  save  as  otherwise  expressly  provided  in  any  other  law  for  the
time  being  in  force,  be  entitled  to  make  an  increase  in  the  rent  of  such
premises  :

Provided  that,  the  increase  in  rent  shall  not  exceed  the  amount  of  any
such  rate,  cess,  charges,  tax,  land  assessment,  ground  rent  of  land  or  any
other  levy  on  lands  and  buildings,  as  the  case  may  be.

(2) Where  the  rent  is  inclusive  of  charges  for  electricity  and  water
and the landlord is required to pay any increase in these charges in respect
of  any  premises,  he  shall  be  entitled  to  make  an  increase  in  the  rent  of
such  premises  by  an  amount  not  exceeding  the  additional  amount  payable
by  him  in  respect  of  such  premises  on  account  of  such  increase.

(3) The  amount  of  the  increase  in  rent  recoverable  from  each  tenant
under  sub-sections  (1)  and  (2)  shall  bear  the  same  proportion  as  the  rent
payable  by  him  in  respect  of  his  premises  bears  to  the  total  amount  of  any
such  rate,  cess,  charges,  tax,  land  assessment,  ground  rent  of  land  or  any
other levy on lands and buildings, or increase in electricity or water charges,
as  the  case  may  be.

Certain
increase  in
rent expected.

Landlords’
duty  to  keep
premises  in
good repair.

13. Any  increase  of  rent  under  any  of  the  foregoing  provisions  of
sections  11  and  12  shall  not  be  deemed  to  be  increase  for  the  purpose  of
section  10.
14.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time
being  in  force  and  in  the  absence  of  an  agreement  to  the  contrary  by  the
tenant,  every  landlord  shall  be  bound  to  keep  the  premises  in  good  and
tenantable  repair.

(2)

If  the  landlord  neglects  to  make  any  repairs,  which  he  is  bound
to  make  under  sub-section  (1),  within  a  reasonable  time  after  a  notice  of
fifteen days is served upon him by post or in any other manner by a tenant
or jointly by tenants interested in such repairs, such tenant or tenants may
themselves  make  the  same  and  deduct  the  expenses  of  such  repairs  from
the  rent  or  otherwise  recover  them  from  the  landlord.

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11

Provided  that,  where  the  repairs  are  jointly  made  by  the  tenants,  the
amount  to be  deducted  or recovered  with  interest by  each  tenant shall  bear
the  same  proportion  as  the  rent  payable  by  him  in  respect  of  his  premises
bears to the total amount of the expenses incurred for such repairs together
with  simple  interest  at  fifteen  per  cent.  per  annum  on  such  amount  :

Provided  further  that,  the  amount  so  deducted  or  recoverable  in  any
year  shall  not  exceed  one-fourth  of  the  rent  payable  by  the  tenant  of  that
year.

(3) For  the  purposes  of  calculating  the  expenses  of  the  repairs  made
under  sub-section  (2),  the  accounts  together  with  the  vouchers  maintained
by  the  tenants  shall  be  conclusive  evidence  of  such  expenditure  and  shall
be  binding  on  the  landlord.

CHAPTER  III
RELIEF AGAINST FORFEITURE

15.

(1) A  landlord  shall  not  be  entitled  to  the  recovery  of  possession
of  any  premises  so  long  as  the  tenant  pays,  or  is  ready  and  willing  to  pay,
the  amount  of  the  standard  rent  and  permitted  increases,  if  any,  and
observes and performs the other conditions of the tenancy, in so far as they
are  consistent  with  the  provisions  of  this  Act.

No  ejectment
ordinarily  to
be  made  if
tenant  pays
or  is  ready
and  willing  to
pay  standard
rent  and
permitted
increases.

(2) No suit for recovery of possession shall be instituted by a landlord
against  the  tenant  on  the  ground  of  non-payment  of  the  standard  rent  or
permitted  increases  due,  until  the  expiration  of  ninety  days  next  after
notice in writing of  the demand of the standard rent  or permitted increases
has  been  served  upon  the  tenant  in  the  manner  provided  in  section  106  of
the  Transfer  of  Property  Act,  1882.

IV  of
1882.

(3) No  decree  for  eviction  shall  be  passed  by  the  court  in  any  suit  for
recovery  of  possession  on  the  ground  of  arrears  of  standard  rent  and
permitted  increase  if,  within  a  period  of  ninety  days  from  the  date  of
service  of  the  summons  of  the  suit,  the  tenant  pays  or  tenders  in  court  the
standard  rent  and  permitted  increases  then  due  together  with  simple
interest  on  the  amount  of  arrears  at  fifteen  per  cent.  per  annum;  and
thereafter  continues  to  pay  or  tenders  in  court  regularly  such  standard
rent  and  permitted  increases  till  the  suit  is  finally  decided  and  also  pays
cost  of  the  suit  as  directed  by  the  court.

(4) Pending the disposal of any suit, the court may, out of any amount paid
or  tendered  by  the  tenant,  pay  to  the  landlord  such  amount  towards  the
payment  of  rent  or  permitted  increases  due  to  him  as  the  court  thinks  fit.

CHAPTER  IV
RECOVERY OF POSSESSION

16.  (1)  Notwithstanding  anything  contained  in  this  Act  but  subject  to
the  provisions  of  section  25,  a  landlord  shall  be  entitled  to  recover
possession  of  any  premises  if  the  court  is  satisfied—

When
landlord  may
recover
possession.

IV  of
1882.

(a)

that  the  tenant  has  committed  any  act  contrary  to  the
provisions  of  clause  (o)  of  section  108  of  the  Transfer  of  Property  Act,
1882 ;

Explanation.—For  the  purposes  of  this  clause,  replacing  of  tiles
or  closing  of  balcony  of  the  premises  shall  not  be  regarded  as  an  act
of  a  causing  damage  to  the  building  or  destructive  or  permananetly
injurious  thereto  ;  or

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[2000 : Mah. XVIII

(b)

that  the  tenant  has,  without  the  landlord’s  consent  given  in

writing,  erected  on  the  premises  any  permanent  structure;

Explanation.—For  the  purposes  of  this  clause,  the  expression
“permanent  structure”  does  not  include  the  carrying  out  of  any  work
with  the  permission,  wherever  necessary,  of  the  municipal  authority,
for providing a wooden partition, standing cooking platform in kitchen,
door,  lattice  work  of  opening  of  a  window  necessary  for  ventilation,  a
false  ceiling,  installation  of  air-cohditioner,  an  exhaust  outlet  or  a
smoke  chimney;  or

(c)

that the tenant, his agent, servant, persons inducted by tenant
or  claiming  under  the  tenant  or,  any  person  residing  with  the  tenant
has  been  guilty  of  conduct  which  is  a  nuisance  or  annoyance  to  the
adjoining  or  neighbouring  occupier,  or  has  been  convicted  of  using  the
premises  or  allowing  the  premises  to  be  used  for  immoral  or  illegal
purposes  or  that  the  tenant  has  in  respect  of  the  premises  been
convicted  of  an  offence  of  contravention  of  any  of  the  provisions  of
clause  (a)  of  sub-section  (1)  of  section  394  or  of  section  394A  of  the
Mumbai  Municipal  Corporation  Act  or  of  sub-section  394  or  of  section
376  or  of  section  376A  of  the *Bombay  Provincial  Municipal
Corporations  Act,  1949,  or  of  section  229  of  the **City  of  Nagpur
Municipal  Corporation  Act,  1949  ;  or  of  section  280  or  of  section  281
of  the  Maharashtra  Municipal  Councils, Nagar  Panchayats  and
Industrial  Townships  Act,  1965  ;  or

(d) that  the  tenant  has  given  notice to  quit  and  in  consequence  of
that  notice,  the  landlord  has  contracted  to  sell  or  let  the  premises  or
has taken any other steps as a result of which he would, in the opinion
of  the  court,  be  seriously  prejudiced,  if  he  could  not  obtain  possession
of  the  premises  ;  or

(e) that  the  tenant  has—

Bom.
III  of
1888.
Bom.
LIX of
1949.
C.P.
and
Berar  II
of  1950.
Mah.
XL of
1965.

(i)  on  or  after  the  1st  day  of  February  1973,  in  the  areas  to
which  the Bombay Rents, Hotel and  Lodging House  Rates Control
Act,  1947  applied;  or

Bom.
LVII  of
1947.

(ii) on or after the commencement of this Act, in the Vidarbha

and  Marathwada  areas  of  the  State,

unlawfully  sub-let  or  given  on  licence  the  whole  or  part  of
the  premises  or  assigned  or  transferred  in  any  other  manner  his
interest  therein  ;  or
(f)  that  the  premises  were  let  to  the  tenant  for  use  as  a  residence
by  reason  of  his  being  in  the  service  or  employment  of  the  landlord,
and  that  the  tenant  has  ceased,  whether  before  or  after  the
commencement  of  this  Act,  to  be  in  such  service  or  employment;  or
(g) that  the  premises  are  reasonably  and bonafide  required  by
the  landlord  for  occupation  by  himself  or  by  any  person  for  whose
benefit  the  premises  are  held  or  where  the  landlord  is  a  trustee  of  a
public  charitable  trust  that  the  premises  are  required  for  occupation
for  the  purposes  of  the  trust;  or

(h) that  the  premises  are  reasonably  and bonafide  required  by
the  landlord  for  carrying  out  repairs  which  cannot  be  carried  out
without  the  promises  being  vacated;  or

(i) that  the  premises  are  reasonably  and bonafide  required  by  the
landlord  for  the  immediate  purpose  of  demolishing  them  and  such
demolition  is  to  be  made  for  the  purpose  of  erecting  new  building  on
the  premises  sought  to  be  demolished;  or .

* See  now  the  Maharashtra  Municipal  Corporation  Act.
** See now the Bombay Provincial Municipal Corporation (Amendment) are the City of Nagpur
Corporation  (Repeal)  Act,  2011  (Mah.  23  of  2012).

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13

(j) that  the  premises  let  consist  of  a  tenement  or  tenements  on
the  terrace  of  a  building  such  tenement  or  tenements  being  only  in
part of the total area of the terrace, and that  the premises or any part
thereof  are  required  by  the  landlord  for  the  purpose  of  the  demolition
thereof  and  erection  or  raising  of  a  floor  or  floors  on  such  terrace;

Explanation.—For  the  purposes  of  this  clause,  if  the  premises  let
include  the  terrace  or  part  thereof,  or  garages, servants  quarters  or
out-houses  (which  are  not  on  the  terrace),  or  all  or  any  one  or  more  of
them,  this  clause  shall  nevertheless  apply;  or

(k) that  the  premises  are  required  for  the  immediate  purpose  of
demolition  ordered  by  any  municipal  authority  or  other  competent
authority;  or

(l) that  where  the  premises  are  land  in  the  nature  of  garden  or
grounds  appurtenant  to  a  building  or  part  of  a  building,  such  land  is
required  by  the  landlord  for  the  erection  of  a  new  building  which  a
municipal  authority  has  approved  or  permitted  him  to  build  thereon;
or

(m) that  the  rent  charged  by  the  tenant  for  the  premises  or  any
part  thereof  which  are  sub-let  is  in  excess  of  the  standard  rent  and
permitted  increases  in  respect  of  such  premises  or  part  or  that  the
tenant has  received any  fine, premium, other  like sum  of consideration
in  respect  of  such  premises  or  part;  or

(n) that  the  premises  have  not  been  used,  without  reasonable
cause  for  the  purpose  for  which  they  were  let  for  a  continuous  period
of  six  months  immediately  preceding  the  date  of  the  suit.
(2) No  decree  for  eviction  shall  be  passed  on  the  ground,  specified  in
clause  (g)  of  sub-section  (1),  if  the  court  is  satisfied  that,  having  regard  to
all  the  circumstances  of  the  case  including  the  question  whether  other
reasonable  accommodation  is  available  for  the  landlord  or  the  tenant,
greater  hardship  would  be  caused  by  passing  the  decree  than  by  refusing
to  pass  it.

Where  the  court  is  satisfied  that  no  hardship  would  be  caused  either
to  the  tenant  or  to  the  landlord  by  passing  the  decree  in  respect  of  a  part
of  the  premises,  the  court  shall  pass  the  decree  in  respect  of  such  part
only.

Explanation.—For  the  purposes  of  clause  (g)  of  sub-section(1) the
expression  “landlord”  shall  not  include  a  rent-farmer  or  rent-collector  or
estate-manager.

(3) A  landlord  shall  not  be  entitled  to  recover  possession  of  any
premises under the provisions of clause (g) of sub-section (1) if the premises
are let to the Central Government in a cantonment area and such premises,
are  being  used  for  residence  by  members  of  the  armed  forces  of  the  Union,
or  their  families.

(4) The  court  may  pass  the  decree  on  the  ground  specified  in  clause
(h)  or  (i)  of  sub-section  (1)  only  in  respect  of  a  part  of  the  premises  which
in  its  opinion  it  is  necessary  to  vacate  for  carrying  out  the  work  of  repair
or  erection.

(5) Notwithstanding  anything  contained  in  any  other  law  for  the  time
being  in  force,  an  assignment  of  a  decree  for  eviction  obtained  on  the
grounds  specified  in  clauses  (g),  (h),  (i)  and  (j)  of  sub-section  (1)  shall  be
unlawful.

H 4117—3

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(6) No  decree  for  eviction  shall  be  passed  on  the  ground  specified  in

clause  (i)  or  (j)  of  sub-section  (1),  unless  the  Court  is  satisfied,—

(a) that  the  necessary  funds  for  the  purpose  of  the  erection  of
new  building  or  for  erecting  or  raising  of  a  new  floor  or  floors  on  the
terrace  are  available  with  the  landlord;

(b) that  the  plans  and  estimates  for the  new  building  or  new  floor

or  floors  have  been  properly  prepared;

(c) that  the  new  building  or  new  floor  or  floors  to  be  erected  by
the  landlord  shall,  subject  to  the  provisions  of  any  rules,  by-laws  or
regulations made by municipal  authority contain residential tenements
not less  than the  number of  existing tenements  which are  sought to  be
demolished;

(d) that  the  landlord  has  given  an  undertaking,—

(i) that  the  plans  and  estimates  for  the  new  building  or  new
floor  or  floors  to  be  erected  by  the  landlord  include  premises  for
each tenant with carpet area equivalent to the area of the premises
in  his  occupation  in  the  building  sought  to  be  demolished  subject
to  a  variation  of  five  per  cent.  in  area;

(ii) that the premises specified in sub-clause (i) will be offered
to  the  concerned  tenant  or  tenants  in  the  re-erected  building  or,
as  the  case  may  be  on  the  new  floor  or  floors;

(iii) that where the carpet area of premises in the new building
or on the new floor or floors is more than the carpet area specified
in sub-clause (i) the landlord shall, without prejudice to the liability
of the landlord under sub-clause (i), obtain the consent, in writing,
of  the  tenant  or  tenants  concerned  to  accept  the  premises  with
larger  area;  and  on  the  tenant  or  tenants  declining  to  give  such
consent  the  landlord  shall  be  entitled  to  put  the  additional  floor
area  to  any  permissible  use;

(iv) that  the  work  of  demolishing  the  premises  shall  be
commenced by the landlord not later than one month, and shall be
completed  not  later  than  three  months,  from  the  date  he  recovers
possession  of  the  entire  premises;  and

(v) that  the  work  of  erection  of  the  new  building  or  new  floor
or  floors  shall  be  completed  by  the  landlord  not  later  than  fifteen
months  from  the  said  date:

Provided  that,  where  the  court  is  satisfied  that  the  work  of
demolishing  the  premises  could  not  be  commenced  or  completed,
or the work of erection of the new building or, as the case may be,
the  new  floor  or  floors  could  not  be  completed,  within  time,  for
reasons  beyond  the  control  of  the  landlord,  the  court  may,  by
order, for reasons to be recorded, extend the period by such further
periods,  not  exceeding  three  months  at  a  time  as  may,  from  time
to  time,  be  specified  by  it,  so  however  that  the  extended  period
shall  not  exceed  twelve  months  in  the  aggregate.

(7) Where  the  possession  of  premises  is  recovered  on  the  ground
specified  under  clause  (g),  (h),  (i)  or  (j)  of  sub-section  (1)  and  the  premises
are  transferred  by  the  landlord,  or  by  operation  of  law  before  the  tenant
or  tenants  are  placed  in  occupation,  then  such  transfer  shall  be  subject  to
the  rights  and  interests  of  such  tenants.

(8) For  the  purposes  of  clause  (m)  of  sub-section  (1),  the  standard  rent
or  permitted  increase  in  respect  of  the  part  sub-let  shall  be  the  amounts

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The Maharashtra Rent Control Act, 1999

15

bearing  such  proportion  to  the  standard  rent  or  permitted  increases  in
respect  of  the  premises  as  may  be  reasonable  having  regard  to  the  extent
of  the  part  sub-let  and  other  relevant  considerations.

(9) Notwithstanding anything contained in this Act, where the premises

let  to  any  person  include—

(i) the  terrace  or  part  thereof;  or
(ii) any  one  or  more  of  the  following  structures,  that  is  to  say,
tower-rooms,  sitting-out-rooms,  ornamental  structures,  architectural
features,  landings,  attics  on  the  terrace  of  a  building,  or  one  or  more
rooms  of  whatsoever  description  on,  such  terrace  (such  room  or  rooms
being  in  the  aggregate  of  an  area  not  more  than  one-sixth  of  the  total
area  of  the  terrace);  or

(iii)  the  terrace  or  part  thereof  and  any  such  structure,
and the court is satisfied that the terrace or structure or terrace including
structure  as  aforesaid,  are  required  by  the  landlord  for  the  purpose  of
demolition  and  erection  or  raising  of  a floor  or  floors  on  such  terrace,  the
landlord  shall  be  entitled  to  recover  possession  of  the  terrace  including
such  tower-rooms, sitting-out-rooms,  ornamental structures,  architectural
features,  landings,  attics  or  rooms,  the  court  may  make  such  reduction,
if  any,  in  the  rent  as  it  may  deem  just.

(10) A  suit  for  eviction  on  the  grounds  specified  in  clause  (h),  (i),  (j)  or
(k)  of  sub-section  (1)  may  be  filed  by  the  landlord  jointly  against  all  the
tenants  occupying  the  premises  sought  to  be  demolished.

17.

(1) The court shall, when passing a decree on the ground specified
in  clause  (h)  of  sub-section  (1)  of  section  16,  ascertain  from  the  tenant
whether he elects to  be placed in occupation of the  premises or part thereof
from  which  he  is  to  be  evicted  and  if  the  tenant  so  elects,  shall  record  the
fact  of  the  election,  in  the  decree  and  specify  in  the  decree  the  date  on  or
before  which  he  shall  deliver  possession  so  as  to  enable  the  landlord  to
commence  the  work  of  repairs.

(2) If  the  tenant  delivers  possession  on  or  before  the  date  specified  in
the  decree,  the  landlord  shall,  two  months  before  the  date  on  which  the
work  of  repairs  is  likely  to  be  completed,  give  notice  to  the  tenant  of  the
date  on  which  the  said  work  shall  be  completed.  Within  thirty  days  from
the  date  of  receipt  of  such  notice  the  tenant  shall  intimate  to  the  landlord
his  acceptance  of  the  accommodation  offered  and  deposit  with  the  landlord
rent  for  one  month.  If  the  tenant  gives  such  intimation  and  makes  the
deposit,  the  landlord  shall,  on  completion  of  the  work  of  repairs,  place  the
tenant  in  occupation  of  the  premises  or  part  thereof  on  the  terms  and
conditions  existing  on  the  date  of  the  passing  of  the  decree  for  eviction.  If
the tenant fails to give such intimation and to make the deposit, the tenant’s
right  to  occupy  the  premises  shall  terminate.

(3) If,  after  the  tenant  has  delivered  possession  on  or  before  the  date
specified  in  the  decree,  the  landlord  fails  to  commence  the  work  of  repairs
within  one  month  of  the  specified  date  or  fails  to  complete  the  work  within
a  reasonable  time  or  having  completed  the  work  fails  to  place  the  tenant
in  occupation  of  the  premises  in  accordance  with  sub-section  (2),  the  court
may,  on the  application  of the  tenant  made  within one  year  of the  specified
date,  order  the  landlord  to  place  him  in  occupation  of  the  premises  or  part
thereof  on  the  terms  and  conditions  existing  on  the  date  of  passing  of  the
decree  for  eviction  and  on  such  order  being  made,  the  landlord  and  any
person who may be in occupation shall give vacant possession to the tenant
of  the  premises  or  part  thereof.

H 4117—3a

Recovery of
possession  for
repairs  and
re-entry.

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Recovery of
possession  for
occupation,
etc., and re-
entry.

Recovery of
possession  for
demolishing
building.

(4) Any landlord who, when the tenant has vacated by the date specified
in  the  decree,  without  reasonable  excuse  fails  to  commence  the  work  of
repairs  and  any  landlord  or  other  person  in  occupation  of  the  premises
who fails to comply  with the order made by the  court under sub-section (3),
shall,  on  conviction,  be  punishable  with  imprisonment  for  a  term  which
may extend to three months or with fine which may extend to one thousand
rupees  or  with  both.

18.

(1) Where  a  decree  for  eviction  has  been  passed  by  the  court  on
the  ground  specified  in  clause  (g)  of  sub-section  (1)  of  section  16  and  the
premises  are  not  occupied  within  a  period  of  one  month  from  the  date  the
landlord  recovers  possession  or  the  premises  are  re-let  within  one  year  of
the  said  date  to  any  person  other  than  the  original  tenant,  the  court  may,
on  the  application  of  the  original  tenant  made  within  thirteen  months  from
such  date,  order  the  landlord  to  place  him  in  occupation  of  the  premises,
on  the  terms  and  conditions  existing  on  the  date  of  passing  of  the  decree
for  eviction  and,  on  such  order  being  made,  the  landlrod  and  any  person
who  may  be  in  occupation  of  the  premises  shall  give  vacant  possession  to
the  original  tenant.

(2) Any  landlord  who  recovers  possession  on  the  ground  specified  in
clause (g) of sub-section (1) of section 16 and keeps the premises unoccupied
without  reasonable  excuse  and  any  landlord  or  other  person  in  occupation
of  the  premises  who  fails  to  comply  with  the  order  of  the  court  under  sub-
section  (1)  shall,  on  conviction,  be  punishable  with  imprisonment  for  a
term  which  may  extend  to  three  months  or  with  fine  which  may  extend  to
five  thousand  rupees  or  with  both.

19.

(1) Where  a  decree  for  eviction  has  been  passed  by  the  court  on
the  ground  specified  in  clause  (i)  or  (j)  of  sub-section  (1)  of  section  16,  and
the  work  of  demolishing  the  premises  has  not  been  commenced  by  the
landlord  within  the  period  specified  in  sub-clause  (iv)  of  clause  (d)  of  sub-
section  (6)  of  the  said  section,  the  tenant  may  give  the  landlord  a  notice  of
his  intention  to  occupy  the  premises  from  which  he  has  been  evicted  and
if  the  landlord  does  not  forthwith  deliver  to  him  the  vacant  possession  of
the  premises  on  the  same  terms  and  conditions  on  which  he  occupied  them
immediately before the eviction, the tenant  may make an application to the
court  within  six  weeks  from  the  date  on  which  he  delivered  vacant
possession  of  the  premises  to  the  landlord.

(2)

If  the  court  is  satisfied  that  the  landlord  has  not  substantially
commenced  the  work  of  demolishing  the  premises  within  the  period  of  one
month in accordance with his undertaking, the court shall order the landlord
to deliver  to the tenant  vacant possession of the  premises on the  terms and
conditions  on  which  he  occupied  them  immediately  before  the  eviction.  On
such  order  being  made,  the  landlord  shall  forthwith  deliver  vacant
possession  of  the  premises  to  the  tenant.  Such  order  shall  be  deemed  to  be
an  order  within  the  meaning  of  clause  (14)  of  section 2 of  the  Code  of  Civil
Procedure,  1908.

(3) Any  landlord  who  recovers  possession  on  the  ground  specified  in
clause  (i)  or  (j)  of  sub-section  (1)  of  section  16,  and  fails  to  carry  out  any
undertaking  referred  to  in  sub-clause  (i),  (ii),  (iii),  (iv)  or  (v)  of  clause  (d)
of  sub-section  (6)  of  the  said  section  without  any  reasonable  excuse  or  fails
to  comply  with  the  order  of  the  court  under  sub-section  (1)  shall,  without
prejudice  to  his  liability  in  execution  to  the  order  under  sub-section  (2),  on
conviction,  be  punishable  with  imprisonment  for  a  term  which  may  extend
to  thirty  days  or  with  fine  which  may  extend  to  five  thousand  rupees  or
with  both.

V  of
1908.

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The Maharashtra Rent Control Act, 1999

17

Tenants’ right
to  give  notice
to  landlord  of
his  intention
to occupy
tenement  in
new building.

20. Where  a  decree  for  eviction  has  been  passed  by  the  court  on  the
ground  specified  in  clause  (i)  of  sub-section  (1)  of  section  16  and  the  work
of  demolishing  the  premises  and  of  the  erection  of  a  new  building  has  been
commenced  by  the  landlord,  the  tenant  may,  without  prejudice  to  the
provisions  of  sub-clauses  (ii)  and  (iii)  of  clause  (d)  of  sub-section  (6)  of
section  16  within  six  months  from  the  date  on  which  he  delivered  vacant
possession  of  the  premises  to  the  landlord,  give  notice  to  the  landlord  of
his  intention  to  occupy  a  tenement  in  the  new  building  on  its  completion
on  the  following  conditions,  namely  :—

(a) that  he  shall  pay  to  the  landlord  the  standard  rent  in  respect  of

the  tenement:

Provided  that,  in  respect  of  a  residential  tenement,  the  tenant
concerned  shall  not  be  required  to  pay  rent  in  relation  to  the  area  at
more  than  double  the  rate  at  which  he  paid  rent  for  his  former  premises
immediately  before  his  eviction  under  the  decree,  unless  the  landlord
obtains  an  order  of  the  court  fixing  the  standard  rent  in  respect  of  the
tenement  at  higher  rate  ;

(b) that  his  occupation  of  the  tenement  shall,  save  as  provided  in
condition  (a),  be  on  the  same  terms  and  conditions  on  which  he  occupied
the  premises  immediately  before  the  eviction.

21.

(1) The  landlord  shall,  not  less  than  three  months  before  the
date  on  which  the  erection  of  the  new  building  or,  completion  as  the  case
may be, new floor or floors is likely to be completed, intimate to the tenant,
the  date  on  which  the  said  erection  shall  be  completed.  On  the  said  date,
the  tenant  shall  be  entitled  to  occupy  the  premises  assigned  to  him  by  the
landlord.

Landlord  to
intimate  to
tenant  date  of
completion  and
tenant’s  right
to occupy
premises  in
new building.

(2) (a) If the  tenant fails to occupy  the premises within a  period of one
month  from  the  date  on  which  he  is  entitled  to  occupy  it  under  sub-section
(1),  the  tenant’s  right  to  occupy  the  said  premises  under  the  said  sub-
section  shall  terminate;  and  the  landlord  shall  be  entitled  to  recover  from
the  tenant  a  sum  equal  to  three  times  the  amount  of  the  monthly  standard
rent  in  respect  of  the  premises.

(b) If  the  landlord  fails,  without  reasonable  excuse,  to  comply  with  the
provisions  of  sub-section  (1)  or  to  place  the  tenant  in  occupation  of  the
premises,  he  shall,  without  prejudice  to  his  liability  to  place  the  tenant  in
vacant  possession  of  the  premises  on  conviction,  be  punishable  with
imprisonment  for  a  term  which  may  extend  to  three  months  or  with  fine
which  may  extend  to  five  thousand  rupees  or  with  both.

22.

(1) Where  any  landlord  intends  to  let  any  premises  or  any  part
thereof  belonging  to  him,  to  his  employee,  such  landlord  and  the  employee
may  enter  into  an  agreement  in  writing  to  create  a  service  tenancy  in
respect  of  the  said  premises  or  any  part  thereof;  and  notwithstanding
anything contained in this Act, the tenancy so created shall remain in force
during  the period  of service  or employment  of  the tenant  with the  landlord.

Recovery of
possession  in
case  of
tenancy
created
during service
period.

(2)  After  the  creation  of  the  service  tenancy  under  sub-section  (1),  if
the  tenant  ceases  to  be  in  the  service  or  employment  of  the  said  landlord
either  by  retirement,  resignation,  termination  of  service,  death  or  for  any
other  reason,  the  tenant  or  any  other  person  residing  with  him  or  claiming
under  him  fails  to  vacate  such  premises  or  any  part  thereof  immediately,
then,  notwithstanding  anything  contained  in  this  Act  or  in  any  other  law
for  the  time  being  in  force,  the  Competent  Authority  shall,  if  it  is  satisfied,

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Members  of
armed  forces
of the  Union,
scientists  or
their
successor-in-
interest
entitled  to
rocover
possession  of
premises
required for
their
occupation.

on  an  application  made  to  it  in  this  behalf  by  such  landlord  within  thirty
days,  make  an  order  that  the  tenant  or  any  such  person  as  aforesaid  shall
place  the  landlord  in  vacant  posession  of  such  premises  or  part  thereof;
and  on  their  refusal  or  failure to  do  so  the  Competent  Authority  may  proceed
to  take  action  under  section  45  :

Provided  that,  the  Competent  Authority  may  entertain  an  application
under  this  sub-section  after  the  expiry  of  the  said  period,  if  it  is  satisfied
that  the  applicant  was  prevented  by  sufficient  cause  from  making  the
application  in  time  :

Provided  further  that,  where  the  tenant  is  a  workman  or  an  employee
whose  services  are  terminated  and  a  dispute  in  respect  of  such  termination
is  pending  before  a  tribunal,  Court  or  any  other  competent  authority,  the
order  for  a  eviction  shall  not  be  passed  until  such  tribunal,  court  or
authority,  under  the  relevant  law,  finally  upholds  the  order  of  such
termination.

Explanation.—For  the  purposes  of  this  section,  the  expression
“landlord”  shall  not  include,  in  respect  of  subtenant,  a  tenant  who  has  sub-
let  any  premises,  or  in  respect  of  a  deemed  tenant,  a  tenant  at  whose
instance  the  deemed  tenant  has  come  in  occupation  of  any  premises.

CHAPTER  V
SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES

23.

(1) Notwithstanding  anything  to  the  contrary  contained  in  this

Act  or  any  contract,—

(A) a  landlord,  who,—

(i) is  a  member  of  armed  forces  of  the  Union,  or  was  such  a
member  and  has  retired  as  such  (which  term  shall  include
premature  retirement),  or

(ii) holds a scientific post in the Department of Atomic Energy
of  the  Central  Government  or  in  any  of  its  aided  institution
(hereinafter  in  this  section  referred  to  as  “a  scientist”),  or  was
such  a  scientist  and  has  retired  as  such  (which  term  shall  include
premature  retirement),  and  one  year  has  not  elapsed  since  his
retirement  on  the  date  of  making  of  the  application,  or

(iii) is  an  employee  of  the  Government  of  India,  Government
of  any  State  or  Union  Territory,  Public  Sector  Undertaking  of  the
Government  of  India  or  of  any  State  Government  (hereinafter
referred  to  as  (“a  Government  servant”),  and  has  retired  as  such
(which  term  shall  include  premature  retirement)  and  one  year
has not elapsed since his retirement on the date of the application,
shall  be  entitled  to  recover  from  his  tenant  the  possession  of  any
premises  owned  by  him  on  the  ground  that  such  premises  are
bonafide  required  by  him  for  occupation  by  himself  or  by  any
member of his  family, by making an application for  the purpose of
recovery  of  possession  of  the  premises,  to  the  Competent
Authority;  and  the  Competent  Authority  shall  make  an  order  of
eviction  on  that  ground  if—

(a) in the case of landlord who is a member of the armed
forces  of  the  Union,  he  produces  a  certificate  signed  by  the
authorised  officer  to  the  effect  that,—

(i) he is a member of the armed forces of the Union, or
that  he  was  such  a  member  and  has  retired  as  such,  and

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The Maharashtra Rent Control Act, 1999

19

(ii) he  does  not  possess  any  other  premises  suitable
for  residence  in  the  local  area  where  the  premises  are
situated;  or
(b) in the case of a landlord who is scientist, he produces
a  certificate  signed  by  an  officer  of  the  Department  of  Atomic
Energy  of,  or  above,  the  rank  of  Deputy  Secretary  to
Government  to  the  effect  that,—

(i) he  is  presently  holding  a  scientific  post  in  the
Department  of  Atomic  Energy  or  in  any  of  its  aided
institutions  specified  in  the  certificate  or  he  was  holding
such  post  and  has  now  retired  with  effect  from  the  date
specified  in  the  certificate;  and

(ii)  he  does  not  possess  any  other  suitable  residence
(excluding  any  residential  accommodation  provided  by
Government)  in  the  local  area  where  the  premises  are
situated;  or
(c) in  the  case  of  a  Government  servant,  he  produces  a
certificate  signed  by  the  Head  of  Department  or  the  Head  of
the  office,  or  the  Chief  Executive  of  the  Public  Sector
Undertaking,  by  whatever  designation  called,  to  the  effect
that,—

(i) he  is  presently  holding  the  post  in  that
Department,  office  or  Public  Sector  Undertaking  or  he
was  holding  such  post  and  has  now  retired  with  effect
from  the  date  specified  in  the  certificate;  and

(ii) he  does  not  possess  any  other  suitable  residence
(excluding  any  residential  accommodation  provided  by
Government  or  Public  Sector  Undertaking)  in  the  local
area  where  the  premises  are  situated;

(B) a  successor-in-interest  who  becomes  the  landlord  of  the
premises  owned  by  any  landlord  referred  to  in  clause  (A),  as  a  result
of  death  of  such  a  landlord  while  in  service  or  where  he  is  a  member
of  the  armed  forces  of  the  Union,  within  five  years  of  his  retirement,
or  where  he  is  a  scientist,  or  a  Government  servant,  within  one  year
of  his  retirement,  shall  be  entitled  to  recover  possession  of  such
premises  on  the  ground  that  such  premises  are  bonafide  required  for
occupation  by  the  successor-in-interest  himself  or  by  any  member  of
the  family  of  the  deceased  landlord,  by  making  an  application  for  the
purpose  of  recovery  of  possession  of  the  premises,  to  the  Competent
Authority; and the Competent Authority shall make an order of eviction
on  that  ground  if,—

(a) in  the  case  of  the successor-in-interest  of  a  member  of  the
armed  forces  of  the  Union,  he  produces  a  certificate  signed  by  the
authorised  officer  to  the  effect  that,—

(i) a successor-in-interest is a widow or any other member
of  the  family  of  the  deceased  member  of  the  armed  forces  of
the  Union,  who  died  while  in  service  on  the  date  specified  in
the  certificate  (or  of  a  member  of  the  armed  forces  of  the
Union  who  has  retired  and  who  died  within  five  years  of  his
retirement  on  the  date  specified  in  the  certificate);  and

(ii) such  a  successor-in-interest  does  not  possess  any
other  premises  suitable  for  residence  in  the  local  area  where
such  premises  are  situated;  or

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[2000 : Mah. XVIII

(b) in  the  case  of  a  successor-in-interest  of  a  scientist,  he
produces  a  certificate  signed  by  an  officer  of  the  Department  of
Atomic  Energy  of,  or  above,  the  rank  of  Deputy  Secretary  to
Government,  to  the  effect  that,—

(i) the  successor-in-interest  is  a  widow  or  any  other
member of the family of the deceased scientist who died while
in  service  on  the  date  specified  in  the  certificate  (or  of  a
scientist  who  has  retired  and  who  died  within  one  year  of  his
retirement  on  the  date  specified  in  the  certificate);

(ii) such  successor-in-interest  does  not  possess  any  other
suitable  residence  (excluding  any  residential  accommodation
provided  by  Government)  in  the  local  area  where  such
premises  are  situated;  or
(c)  in  the  case  of  a  successor-in-interest  of  a  Government
servant,  he  produces  a  certificate  signed  by  the  head  of  his
Department, Head of the office, or the Chief Executive, by whatever
designation  called,  of  the  Public  Sector  Undertaking,  to  the  effect
that,—

(i) the  successor-in-interest  is  a  widow  or  any  other
member  of  the  family  of  the  deceased  Government  servant,
who  died  while  in  service  on  the  date  specified  in  the
certificate  (or  of  a  Government  servant  who  has  retired  and
who  died  within  one  year  of  his  retirement  on  the  date
specified  in  the  certificate);  and

(ii) such  successor-in-interest  does  not  possess  any  other
suitable  residence  (excluding  any  residential  accommodation
provided  by  Government  or  the  Public  Sector  Undertaking)
in  the  local  area  where  such  premises  are  situated.
(2) Any  certificate  granted  under  sub-section  (1)  shall  be  conclusive

evidence  of  the  facts  stated  therein.

Explanation.—For  the  purposes  of  this  section,—
(1) “  authorised  officer  ”,  in  relation  to  a  member  of  the  armed  forces
of  the  Union,  means  the  commanding  officer  or  head  of  services,  including  ,—
(i) in  the  case  of  an  officer  retired  from  the  Army,  the  Area

Commander,

(ii) in the case of an officer retired from the Navy, the Flag Officer

Command-in-Chief  Naval  Command,  and

(iii) in the case of an officer retired from the Air Force, the Station

Commander  ;
(2) “  member  of  the  family  ”  means  any  of  the  following  members  of
the  family  of  a  member  of  the  armed  forces  of  the  Union,  or  a  scientist,  or
a  Government  servant,  as  the  case  may  be,  who  is  ordinarily  residing  with
him  and  who  is  dependent  on  him  and  where  member  of  the  armed  forces
of  the  Union  or  a  scientist  or  a  Government  servant  has  retired  or  died,
any  member  of  his  family  who  is  so  residing  or  dependent  at  the  time  of
his  retirement,  or  as  the  case  may  be,  death,  namely  :—

spouse, father, mother, son, daughter, grand-son, grand-daughter, son’s

wife,  grand-son’s  wife,  widow  of  predeceased  son  or  grandson;

(3) “  successor-in-interest”  means,—

(i) if  the  deceased  landlord  has  a  spouse  living  at  the  time  of  his

death,  spouse,  and

(ii) in  any  other  case,  any  other  member  of  his  family.

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21

Explanation.—A  landlord  or  his  successor-in-interest  by
inheritance  or  otherwise  shall  not  be  entitled  to  recover  possession
under  this  section  from  the  tenant  or  his  successor-in-interest  by
transmission, where the landlord has acquired the property by purchase,
gift,  exchange  or  otherwise  (but  excluding  acquisition  by  inheritance
or  succession  or  in  the  case  of  premises  in  a  Co-operative  Housing
Society, by acquisition of a share or right and interest in such premises
by nomination), and where at the time of acquisition, by purchase, gift,
exchange  or  otherwise  the  premises  had  been  in  the  occupation  of  the
tenant  or  his  predecessor-in-interest  from  whom  the  tenancy  has  been
transmitted and notwithstanding anything contained in any judgement,
decree or order of the court or anything contained in this Act or in any
other law for  the time being in  force, the provisions of  this explanation
shall always be deemed to have applied to such a case, and the landlord
shall  not  be  entitled  to  recover  possession  in  any  such  case; 
(4) “aided  institution”  means  the  Tata  Institution  of  Fundamental
Research,  and  the  Tata  Memorial  Centre,  and  also  any  other  institution
which  may  be  declared,  from  time  to  time,  by  the  State  Government  in
consultation  with  the  Department  of  Atomic  Energy,  to  be  aided  institution
for  the  purposes  of  this  section.

24.

(1) Notwithstanding  anything  contained  in  this  Act,  a  licensee,
in possession or occupation of premises given to him on licence for residence
shall  deliver  possession  of  such  premises  to  the  landlord  on  expiry  of  the
period  of  licence;  and  on  the  failure  of  the  licensee  to  so  deliver  the
possession  of  the  licensed  premises,  a  landlord  shall  be  entitled  to  recover
possession  of  such  premises  from  a  licensee,  on  the  expiry  of  the  period  of
licence,  by  making  an  application  to  the  Competent  Authority,  and  the
Competent  Authority,  on  being  satisfied  that  the  period  of  licence  has
expired,  shall  pass  an  order  for  eviction  of  a  licensee.

(2) Any  licensee  who  does  not  deliver  possession  of  the  premises  to
the  landlord  on  expiry  of  the  period  of  licence  and  continues  to  be  in
possession of the licensed premises till he is dispossessed by the Competent
Authority  shall  be  liable  to  pay  damages  at  double  the  rate  of  the  licence
fee  or  charge  of  the  premises  fixed  under  the  agreement  of  licence.

(3) The Competent Authority shall not entertain any claim of whatever
nature  from  any  other  person  who  is  not  a  licensee  according  to  the
agreement  of  licence.

Explanation.—For  the  purposes  of  this  section,—

(a) the  expression  “  landlord  ”  includes  a  successor-in-  interest
who  becomes  the  landlord  of  the  premises  as  a  result  of  death  of  such
landlord;  but  does  not  include  a  tenant  or  a  sub-tenant  who  has  given
premises  on  licence;

(b) an  agreement of  licence  in writing  shall  be conclusive  evidence

of  the  fact  stated  therein.

CHAPTER  VI
PROVISIONS REGARDING SUB-TENANCIES AND OTHER
MATTERS CONCERNING TENANCIES

Landlord
entitled  to
recover
possession  of
premises
given on
licence on
expiry.

25. When  the  interest  of  a  tenant  of  any  premises  is  determined  for
any  reason,  any  sub-tenant  to  whom  the  premises  or  any  part  thereof  have
been  lawfully  sub-let  and  such  sub-tenancy  is  subsisting  on  the  date  of
commencement  of  this  Act  or  where  sub-tenency  is  permitted  by  a  contract
between  the  landlord  and  the  tenant,  such  sub-tenant  shall,  subject  to  the

Certain  Sub-
tenants  to
become
tenants  on
determination
of tenancy.

H 4117—4

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[2000 : Mah. XVIII

In  absence  of
contract
tenant  not  to
sub-let  or
transfer  or
give on
licence.

State
Government
or
Government
allottee  to
become
tenant  of
premises
requisitioned
or continued
under
requisition.

provisions  of  this  Act,  be  deemed  to  become  the  tenant  of  his  landlord  on
the  same  terms  and  conditions  as  he  would  have  held  from  the  tenant  if
the  tenancy  had  continued.

26. Notwithstanding anything contained in any law for the time being
in force but subject to any contract to the contrary it shall not be lawful for
any tenant to sub-let or give on licence the whole or any part of the premises
let  to  him,  or  to  assign  or  transfer  in  any  other  manner  his  interest  therein  :

Provided that, the State Government may by notification in the Official
Gazette,  permit  in  any  area  the  transfer  of  interest  in  premises  held  under
such  leases  or  class  of  leases  any  premises  or  class  of  premises  other  than
those  let  for  business,  trade  or  storage  to  such  extent  as  may  be  specified
in  the  notification.

27.

(1)  On  the  7th  December  1996,  that  is  the  date  of  coming  into
force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay
Land  Requisition  and  Bombay  Government  Premises  (Eviction)
(Amendment)  Act, 1996  (hereinafter in  this section  referred  to as  “ the  said
date”),—

Mah.
XVI  of
1997.

(a) the State Government, in respect of the premises requisitioned
or  continued  under  requisition  and  allotted  to  a  Government  allottee
referred  to  in  sub-clause  (a)  of  clause  (2)  of  section  7  ;  and

(b) the  Government  allottee,  in  respect  of  the  premises
requisitioned  or  continued  under  requisition  and  allotted  to  him  as
referred  to  in  sub-clause  ( b)  of  clause  (2)  of  section  7,
shall, notwithstanding anything contained in this Act, or in the Bombay
Land  Requisition  Act,  1948,  or  in  any  other  law  for  the  time  being  in
force,  or  in  any  contract,  or  in  any  judgment,  decree  or  order  of  any
court passed on or after the 11th June 1996, or in any order of eviction
issued  by  the  Competent  Authority,  or  by  the  Appellate  Authority,
under  the  Bombay  Land  Requisition  Act,  1948,  be  deemed  to  have
become,  for  the  purposes  of  this  Act,  the  tenant  of  the  landlord;  and
such  premises  shall  be  deemed  to  have  been  let  by  the  landlord  to  the
States Government or, as the case may be, to such Government allottee,
on  payment  of  rent  and  permitted  increases  equal  to  the  amount  of
compensation  payable  in  respect  of  the  premises  immediately  before
the  said  date.

(2) Save  as  otherwise  provided  in  this  section  or  any  other  provisions

Bom.
XXXIII
of  1948.

Bom.
XXXIII
of  1948.

of  this  Act,  nothing  in  this  section  shall  affect,—

(a) the  rights  of  the  landlord  including  his  right  to  recover
possession  of  the  premises  from  such  tenant  on  any  of  the  grounds
mentioned  in  section  16  or  in  any  other  section  ;

(b) the  right  of  the  landlord  or  such  tenant  to  apply  to  the  court
for  the  fixation  of  standard  rent  and  permitted  increases  under  this
Act, by reason only of the fact that the amount of the rent and permitted
increases, if any, to be paid by such tenant to the landlord is determined
under  sub-section  (1)  ;

(c) the  operation  and  the  application  of  the  other  relevant

provisions  of  this  Act  in  respect  of  such  tenancy.

Inspection  of
premises.

28. The  landlord  shall  be  entitled  to  inspect  the  premises  let  or
given on licence, at a reasonable time after giving prior notice to the tenant,
licensee  or  occupier.

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The Maharashtra Rent Control Act, 1999

29.

(1) No  landlord,  either  himself  or  through  any  person    acting  or
purporting  to  act  on  his  behalf,  shall,  without  just  or  sufficient  cause,  cut-
off  or  withhold  any  essential  supply  or  service  enjoyed  by  the  tenant  in
respect  of  the  premises  let  to  him.

(2) A  tenant  in  occupation  of  the  premises  may,  if  the  landlord  has
contravened  the  provisions  of  sub-section  (1),  make  an  application  to  the
court  for  a  direction  to  restore  such  supply  or  service.

(3) Having  regard  to  the  circumstances  of  a  particular  case  the  court
may,  if  it  is  satisfied  that  it  is  necessary  to  make  an  interim  order,  make
such  order  directing  the  landlord  to  restore  the  essential  supply  or  service
before  the  date  specified  in  such  order,  before  giving  notice  to  the  landlord
of the enquiry to be made in the application under sub-section (3) or during
the pendency of such enquiry. On the failure of the landlord to comply with
such  interim  order  of  the  court,  the  landlord  shall  be  liable  to  the  same
penalty  as  is  provided  for  in  sub-section  (4).

(4) If the  court on  inquiry finds  that the  tenant has  been in  enjoyment
of  the  essential  supply  or  service  and  that  it  was  cut-off  or  withheld  by  the
landlord  without  just  or  sufficient  cause,  the  court  shall  make  an  order
directing  the  landlord  to  restore  such  supply  or  service  before  a  date  to  be
specified  in  the  order.  Any  landlord  who  fails  to  restore  the  supply  or
service  before  the  date  so  specified,  shall,  for  each  day  during  which  the
default  continues  thereafter,  be  liable  upon  further  directions  by  the  court,
to  that  effect,  to  fine  which  may  extend  to  one  hundred  rupees.

(5) Any  landlord,  who  contravences,  the  provisions  of  sub-section  (1),
shall,  on  conviction,  be  punishable  with  imprisonment  for  a  term  which
may extend to three months or with fine which may extend to one thousand
rupees  or  with  both.

(6) An application under this section may be made jointly by all or any

of  the  tenants  of  the  premises  situated  in  the  same  building.

Explanation.—In  this  section,—

(a) essential supply or service includes supply of water, electricity,
lights  in  passages  and  on  stair-cases,  lifts  and  conservancy  or  sanitary
service  ;

(b) withholding  any  essential  supply  or  service  shall  include  acts
or  ommissions  attributable  to  the  landlord  on  account  of  which  the
essential  supply  or  service  is  cut-off  by  the  municipal  authority  or  any
other  competent  authority.
(7) Without  prejudice  to  the  provisions  of  sub-sections  (1)  to  (6)  or  any

other  law  for  the  time  being  in  force,  where  the  tenant,—

(a) who  has  been  in  enjoyment  of  any  essential  supply  or  service

and  the  landlord  has  withheld  the  same,  or

(b) who  desires  to  have,  at  his  own  cost,  any  other  essential  supply

or  service  for  the  premises  in  his  occupation,

the  tenant  may  apply  to  the  Municipal  or  any  other  authority  authorised
in  this  behalf,  for  the  permission  or  for  supply  of  the  essential  service  and
it  shall  be  lawful  for  that  authority  to  grant  permission  for,  supply  of  such
essential  supply  or  service  applied  for  without  insisting  on  production  of
a  ‘No  Objection  Certificate’  from  the  landlord  by  such  tenant.

30.

(1) A landlord shall not use or permit to be used for a commercial
purpose  any  premises  which,  on  the  date  of  the  commencement  of  this  Act,
were  used  for  a  residential  purpose.

H 4117—4a

23

Landlord  not
to  cut  off  or
withhold
essential
supply  or
service.

Conversion of
residential
into
commercial
premises
prohibited

24

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

Giving receipt
for any
amount
received
compulsory.

Recovery of
rent according
to  British
Calender.

Jurisdiction
of courts.

(2) Any  landlord  who  contravenes  the  provisions  of  sub-section  (1)
shall,  on  conviction,  be  punishable  with  imprisonment  for  a  term  which
may  extend  to  six  months  or  with  fine  which  may  extend  to  ten  thousand
rupees  or  with  both.

31.

(1) Every  landlord  shall  give  a  written  receipt  for  any  amount  at
the  time  when  such  amount  is  received  by  him  in  respect  of  any  premises
in  such  form  and  in  such  manner  as  may  be  prescribed.

(2) Every  landlord  shall,  without  charging  any  consideration,  issue
the  rent  receipt  in  respect  of  the  premises  let  out  to  the  deceased  tenant
in  the  name  of  the  family  member  referred  to  in  sub-clause  (d)  of  clause
(15)  of  section  7.

(3) Any  landlord  or  person  who  fails  to  give  a  written  receiept  for  any
amount  received  by  him  in  respect  of  any  premises  shall,  on  conviction,  be
punishable with  fine which may  extend to one  hundred rupees for  each day
of  default.
32.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time
being  in  force  or  any  contract,  custom  of  local  usage  to  the  contrary,  rent
payable  by  the  month  or  year  or  portion  of  a  year  shall  be  recovered
according  to  the  British  Calendar.

(2) The  State  Government  may  prescribe  the  manner  in  which  rent
recoverable according to any other calendar before the coming into operation
of this Act shall be calculated and charged in terms of the British Calendar.

CHAPTER  VII
PROVISIONS REGARDING JURISDICTION OF COURTS, SUITS,
APPEALS, PRACTICE AND PROCEDURE.

33.  (1)  Notwithstanding  anything  contained  in  any  law  for  the  time
being  in  force,  but  subject  to  the  provisions  of  Chapter  VIII,  and
notwithstanding that by reason of the amount of the claim, or for any other
reason,  the  suit  or  proceeding  would  not,  but  for  this  provision,  be  within
its  jurisdiction,—

(a) in Brihan-Mumbai,  the  Court  of  Small  Causes,  Mumbai,
(b) in  any  area  for  which  a  Court  of  Small  Causes  is  established
under  the  Provincial  Small  Causes  Courts  Act,  1887,  such  court,  and
(c) elsewhere, the court of the Civil Judge (Junior Division) having
jurisdiction  in  the  area  in  which  the  premises  are  situate  or,  if  there
is  no  such  Civil  Judge,  the  court  of  the  Civil  Judge  (Senior  Division)
having  ordinary  jurisdiction,  shall  have  jurisdiction  to  entertain  and
try  any  suit  or  proceeding  between  a  landlord  and  a  tenant  relating
to  the  recovery  of  rent  or  possession  of  any  premises  and  to  decide
any application made under this Act (other than the applications which
are  to  be  decided  by  the  State  Government  or  an  officer  authorised  by
it  or  the  Competent  Authority)  and  subject  to  the  provisions  of  sub-
section (2), no  other court shall  have jurisdiction  to entertain any such
suit,  proceeding,  or  application  or  to  deal  with  such  claim  or  question.
(2) (a) Notwithstanding anything contained in clause (b) of sub-section
(1), the District Court may at any stage withdraw any such suit, proceeding
or  application  pending  in  a  Court of  Small  Causes  established  for  any  area
under the Provincial Small Causes Courts Act, 1887, and transfer the same
for  trial  or  disposal  to  the  Court  of  the  Civil  Judge  (Senior  Division)
having  ordinary  jurisdiction  in  such  area;

IX of
1887.

IX of
1887.

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

25

(b) where  any  suit,  proceeding  or  application  has  been  withdrawn
under  clause  (a),  the  Court  of  the  Civil  Judge  (Senior  Division)  which
thereafter  tries  such  suit,  proceeding  or  application,  as  the  case  may  be,
may  either  retry  it  or  proceed  from  the  stage  at  which  it  was  withdrawn;
(c) The  Court  of  the  Civil  Judge  trying  any  suit,  proceeding  or
application,  withdrawn  under  clause  (a)  from  the  Court  of  Small  Causes,
shall,  for  purposes  of  such  suit,  proceeding  or  application,  as  the  case  may
be,  be  deemed  to  be  the  Court  of  Small  Causes.

34.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time

Appeal.

being  in  force,  an  appeal  shall  lie,—

IX of
1887.

V  of
1908.

(a)

in Brihan  Mumbai  from  a  decree  or order  made  by  the  Court
of  Small  Causes, Mumbai  exercising  jurisdiction  under  section  33,  to
a  bench  of  two  judges  of  the  said  Court  which  shall  not  include  the
Judge  who  made  such  decree  or  order;

(b) elsewhere,  from  a  decree  or  order  made  by  a  Judge  of  the
Court  of  Small  Causes  established  under  the  Provincial  Small  Causes
Courts  Act,  1887,  or  by  the  Court  of  the  Civil  Judge  deemed  to  be  the
Court  of  Small  Causes  under  clause  (c)  of  sub-section  (2)  of  section  33
or  by  a  Civil  Judge  exercising  such  jurisdiction,  to  the  District  Court:
Provided  that  no  such  appeal  shall  lie  from—

(a) a decree or order made in any suit or proceeding in respect
of  which  no  appeal  lies  under  the  Code  of  Civil  Procedure,  1908;
(b) a  decree  or  order  made  in  any  suit  or  proceeding  (other
than  a  suit  or  proceeding  relating  to  possession)  in  which  the
plaintiff  seeks  to  recover  rent  in  respect  of  any  premises  and
amount  or  value  of  the  subject  matter  of  which  does  not  exceed—
(i) where  such  suit  or  proceeding  is  instituted  in Brihan

Mumbai,  Rs.  10,000;  and

(ii) where  such  suit  or  proceeding  is  instituted
elsewhere,  the  amount  upto  which  the  Judge  or  Court
specified  in  clause  (b)  is  invested  with  jurisdiction  of  a  Court
of  Small  Causes,  under  any  law  for  the  time  being  in  force;
(c) an  order  made  upon  an  application  for  fixing  the  standard
rent  or  for  determining  the  permitted  increases  in  respect  of  any
premises  except  in  a  suit  or  proceeding  in  which  an  appeal  lies;

(d) an  order  made upon  an  application  by  a  tenant for  a  direction
to  restore  any  essential  supply  or  service  in  respect  of  the  premises
let  to  him.
(2) Every  appeal  under  sub-section  (1)  shall  be  made  within  thirty

days  from  the  date  of  the  decree  or  order,  as  the  case  may  be  :

XXVI of
1963.

Provided  that,  in  computing  the  period  of  limitation  prescribed  by  this
sub-section the provisions contained in sections 4, 5 and 12 of the Limitation
Act,  1963  shall,  so  far  as  may  be,  apply.

(3) No  further  appeal  shall  lie  against  any  decision  in  appeal  under

sub-section  (1).

(4) Where  no  appeal  lies  under  this  section  from  a  decree  or  order  in
any suit or proceeding in Brihan Mumbai, the bench of two Judges specified
in  clause  (a)  of  sub-section  (1)  and  elsewhere,  the  District  Court  may,  for
the purpose of satisfying itself that the decree or order made was according
to  law,  call  for  the  case  in  which  such  decree  or  order  was  made  and  the
bench  or  court  aforesaid  or  the  District  Judge  or  any  Judge  to  whom  the
case  may  be  referred  by  the  District  Judge,  shall  pass  such  order  with
respect  thereto  as  it  or  he  thinks  fit.

26

Saving  of  suit
involving
title.

Compensation
in  respect  of
proceedings
which are not
bonafide or
are  false,
frivolous or
vexatious.

Procedure of
courts.

Time  limit
for  disposal
of  suits,
proceedings
or  appeals.

Provisions  of
this  Chapter
to  have
overriding
effect.

Appointment
of  competent
Authority.

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

35. Nothing  contained  in  sections  33  and  34  shall  be  deemed  to  bar
a  party  to  a  suit,  proceeding  or  appeal  mentioned  therein  in  which  a
question  of  title  to  premises  arises  and  is  determined  from  suing  in  a
competent  court  to  establish,  his  title  to  such  premises.

36.

If the court finds that any suit, proceeding or application instituted
or  made  before  it  is  not  instituted,  or  made, bonafide  or  is  false,  frivolous
or  vexatious,  the  court  may,  after  hearing  the  plaintiff  or  applicant  and  for
reasons  to  be  recorded,  order  that  compensation,  not  exceeding  two
thousand  rupees,  be  paid  by  such  plaintiff  or  applicant  to  the  defendant  or
opponent,  as  the  case  may  be.

37. The  Courts  specified  in  sections  33  and  34  shall  follow  the
prescribed  procedure  in  trying  and  hearing  suits,  proceedings,  applications
and  appeals  and  in  executing  orders  made  by  them.

38. Notwithstanding  anything  contained  in  this  Act  or  in  any  other

law  for  the  time  being  in  force—

(a) a suit or proceeding under this Act shall be heard and disposed
of  as  expeditiously  as  possible  and  endeavour  shall  be  made  to  dispose
of  the  case,  as  far  as  may  be  practicable,  within  a  period  of  twelve
months  from  the  date  of  service  of  summons,  or  as  the  case  may  be,
notice  on  the  defendant;

(b) an  appeal  against  the  decree  or  order  made  by  the  Court,
shall  be  heard  and  disposed  of  as  expeditiously  as  possible  and
endeavour  shall  be  made  to  dispose  of  the  appeal,  as  far  as  may  be
practicable,  within  a  period  of  six  months  from  the  date  of  service  of
notice  of  appeal  on  the  respondent.

CHAPTER  VIII

SUMMARY DISPOSAL OF CERTAIN APPLICATIONS

39. The  provisions  of  this  Chapter  or  any  rule  made  thereunder  shall
have  effect  notwithstanding  anything  inconsistent  therewith  contained
elsewhere  in  the  Act  or  in  any  other  law  for  the  time  being  in  force.

40.

(1) The  State  Government  may,  by  notification  in  the Official
Gazette,  appoint  one  or  more  persons  to  be  called  Competent  Authority  for
the  purpose  of  exercising  the  powers  conferred,  and  for  performing  the
duties imposed, on him under this Act in such local area as may be specified
in  the  said  notification;  and  one  or  more  such  Competent  Authorities  may
be  appointed  for  one  or  more  such  local  areas.

(2) A  person  to  be  appointed  as  a  Competent  Authority  shall  be  one—

(a) who  is  holding  or  has  held  an  office,  which  in  the  opinion  of
the  State  Government,  is  not  lower  in  rank  than  that  of  a  Deputy
Collector;  or

(b) who  is  holding  or  has  held  a  post  of  a  Civil  Judge,  Junior

Division;  or

(c) who has been for not less than five years an Advocate, enrolled

under  the  Advocates  Act,  1961.

41. For the purposes of this Chapter, landlord means a landlord who is,—

(a) a  person  who  has  created  a  service  tenancy  in  respect  of  his
premises  or  a  part  thereof  in  favour  of  his  employee  under  section  22 ;

25  of
1961.

Definition  of
landlord  for
the  purpose
of  Chapter
VIII.

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The Maharashtra Rent Control Act, 1999

27

(b) a  member  of  the  armed  forces  of  the  Union  or  a  scientist  or  a
Government  servant  or  a  successor-in-interest,  referred  to  in  section
23;  or

(c) a  person  who  has  given  premises  on  licence  for  residence  or

a  successor-in-interest  referred  to  in  section  24.
  42. Notwithstanding  anything  contained  in  this  Act  or  any  other
Law  for  the  time  being  in  force  or  any  contract  to  the  contrary  or  any
judgement  or  decree  or  order  of  any  court,  but  subject  to  the  provisions  of
section  22  or  23  or  24,  as  the  case  may  be,  a  landlord  may  submit  an
application  to  the  Competent  Authority,  signed  and  verified  in  a manner
provided  in  rules  14  and  15  of  Order  VI  of  the  First  Schedule  to  the  Code
of  Civil  Procedure,  1908,  as  if  it  were  a  plaint,  to  the  Competent  Authority
having  jurisdiction  in  the  area  in  which  the  premises  are  situated,  for  the
purpose of recovery of possession of the premises from the tenant or licensee,
as  the  case  may  be.

V  of
1908.

Special
provision for
making
application  to
Competent
Authority  by
landlord  to
evict  tenant
or licensee.

43.

(1) Every  application  by  a  landlord  under  this  Chapter  for  the
recovery  of  possession  shall  be  accompanied  by  such  fees  as  may  be
prescribed.  The  Competent  Authority  shall  deal  with  the  application  in
accordance  with  the  procedure  laid  down  in  this  section.

Special
procedure for
disposal  of
applications.

(2) The  Competent  Authority  shall  issue  summons  in  relation  to  every
application  referred  to  in  sub-section  (2)  in  the  form  specified  in  Schedule
III.

(3) (a) The  Competent  Authority  shall,  in  addition  to,  and
simultaneously  with,  the  issue  of  summons  for  service  on  the  tenant  or
licensee,  as  the  case  may  be,  also  direct  the  summons  to  be  served  by
registered  post,  acknowledgement  due,  addressed  to  the  tenant  or  the
licensee  or  agent  empowered  by  such  tenant  or  licensee  to  accept  the
service  at  the  place  where  the  tenant  or  licensee  or  such  agent  actually
and  voluntarily  resides  or  carries  on  business  or  personally  works  for  gain.
(b) When  an  acknowledgement  purporting  to  be  signed  by  the  tenant
or  licensee  or  their  agent  is  received  by  the  Competent  Authority  or  the
registered  article  containing  the  summons  is  received  back  with  an
endorsement  purporting  to  have  been  made  by  a  postal  employee  to  the
effect that the tenant or licensee or their agent had refused to take delivery
of  the  registered  article,  the  Competent  Authority  may  proceed  to  hear
and  decide  the  application  as  if  there  has  been  a  valid  service  of  summons.
(a) The  tenant  or  licensee  on  whom  the  summons  is  duly  served
in  the  ordinary  way  or  by  registered  post  in  the  manner  laid  down  in  sub-
section  (3)  shall  not  contest  the  prayer  for  eviction  from  the  premises,
unless  within  thirty  days  of  the  service  of  summons  on  him  as  aforesaid,
he  files  an  affidavit  stating  grounds  on  which  he  seeks  to  contest  the
application  for  eviction  and  obtains  leave  from  the  Competent  Authority  as
hereinafter  provided,  and  in  default  of  his  appearance  in  pursuance  of  the
summons  or  his  obtaining  such  leave,  the  statement  made  by  the  landlord
in the application for eviction shall be deemed to be admitted by the tenant
or  the  licensee,  as  the  case  may  be,  and  the  applicant  shall  be  entitled  to
an  order  for  eviction  on  the  ground  aforesaid.

(4)

(b) The  Competent  Authority  shall  give  to  the  tenant  or  licensee  leave
to  contest  the  application  if  the  affidavit  filed  by  the  tenant  or  licensee
discloses  such  facts  as  would  disentitle  the  landlord  from  obtaining  an
order  for  the  recovery  of  possession  of  the  premises  on  the  ground  specified
in  section  22  or  23  or  24.

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The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

Order of
Competent
Authority  to
be non-
appealable
and  revision
by  State
Government.

(c) Where  leave  is  granted  to  the  tenant  or  licensee  to  contest  the
application  the  Competent  Authority  shall  commence  the  hearing  of  the
application  as  early  as  practicable  and  shall,  as  far  as  possible,  proceed
with  the  hearing  from  day  to  day,  and  decide  the  same,  as  far  as  may  be,
within  six  months  of  the  order  granting  of  such  leave  to  contest  the
application.

(5) The  Competent  Authority  shall,  while  holding  an  inquiry  in  a
proceeding  to  which  this  Chapter applies,  follow  the  practice  and  procedure
of  a  Court  of  Small  Causes,  including  the  recording  of  evidence.

44.

(1) No  appeal  shall  lie  against  an  order  for  the  recovery  of
possession of any premises made by the Competent Authority in accordance
with  the  procedure  specified  in  section  43.

(2) The  State  Government  or  such  officer,  not  below  the  rank  of  an
Additional  Commissioner  of  a  Revenue  Division,  as  the  State  Government
may,  by  general  or  special  order,  authorise  in  this  behalf,  may,  at  any  time
suo  motu  or  on  the  application  of  any  person  aggrieved,  for  the  purposes
of  satisfying  itself  that  an  order  made  in  any  case  by  the  Competent
Authority  under  section  43  is  according  to  law,  call  for the  record  of  that
case  and  pass  such  order  in  respect  thereto  as  it  or  he  thinks  fit  :

Provided  that,  no  such  order  shall  be  made  except  after  giving  the

person  affected  a  reasonable  opportunity  of  being  heard  in  the  matter  :

Provided  further  that,  no  powers  of  revision  at  the  instance  of  person
aggrieved  shall  be  exercised,  unless  an  application  is  presented  within
ninety  days  of  the  date  of  the  order  sought  to  be  revised.

Effect  of
refusal  or
failure  to
comply  with
order of
eviction.

45.

If  any  person  refuses  or  fails  to  comply  with  the  order  of  eviction
made  under  section  43  within  thirty  days  of  the  date  on  which  it  has
become  final,  the  Competent  Authority  or  any  other  officer  duly  authorised
by the Competent Authority in this behalf, may evict that person from, and
take  possession  of,  the  premises  and  deliver  the  same  to  the  landlord  and
for  that  purpose,  use  such  force  as  may  be  necessary.

Pending  Suits
and
proceedings
in courts.

Bar  of
Jurisdiction.

46.

(1) Subject  to  sub-section  (2),  all  suits  and  proceedings  filed  by
landlords,  being  the  landlords  referred  to  in  clause  (a)  or  (b)  or  (c)  of
section  41  for  eviction  of  tenant  on  the  grounds  specified  in  section  22  or
23  or  24  and  pending  on  the  date  of  commencement  of  this  Act,  unless  the
landlord  withdraws  the  same  in  relation  to  relief  of  recovery  of  possession
of  the  premises  claimed  therein,  be  heard,  proceeded  with  and  disposed  of
by  the  Court  in  which  such  suit  or  proceeding  is  pending  as  if  this  Act  had
not  been  passed.

(2) Any  such  landlord  seeking  to  evict  the  tenant  on  the  grounds
specified  in  section 22  or  23  or 24  may,  if  he  has already  proceeded  against
the  tenant  in  a  suit  or  in  a  proceeding  in  the  court  and  withdraws  the  suit
or  proceeding  in  relation  to  the  claim  made  therein  with  leave  of  court,
proceed against the tenant in accordance with the provisions of this Chapter.

47. Save  as  otherwise  expressly  provided  in  this  Act,  no  civil  court
shall  have  jurisdiction  in  respect  of  any  matter  which  the  Competent
Authority  or  the  State  Government  or  an  officer  authorised  by  it  is
empowered by or under this Act,to decide, and no injunction shall be granted
by  any  court  or  other  authority  in  respect  of  any  action  taken  or  to  be
taken  in  pursuance  of  any  power  so  conferred  on  the  Competent  Authority
or  the  State  Government  or  such  officer.

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

29

48.

(1) In  respect  of  recovery  of  possession  by  a  landlord  referred  to
in  clause  (b)  or  (c)  of  section  41  in  pursuance  of  an  order  of  the  Competent
Authority,  the  provisions  of  section  18  shall  apply  as  if,  for  sub-sections  (1)
and  (2)  thereof,  the  following  sub-sections  had  been  substituted,  namely  :—
“  (1) Where  a  landlord,  being  the  landlord  referred  to  in  clause
(b)  of  section  41  who  has  obtained  possession  of  the  premises  in
pursuance  of  any  order  passed  by  the  Competent  Authority,  does  not
occupy  the  premises  or  re-lets  either  the  whole  or  any  part  of  the
premises,  within  two  years  from  the  date  such  landlord  recovers
possession, to any person other than the evicted tenant, the Competent
Authority  may,  on  the  application  of  the  evicted  tenant,  made  within
twenty-five months of such date, order the landlord or any other person
claiming  under  him  to  place  the  evicted  tenant  in  occupation  of  the
premises  on  the  original  terms  and  conditions,  and  on  such  order
being  made  the  landlord  or  such  person  who  may  be  in  occupation  of
the  premises  shall  give  vacant  possession  to  the  evicted  tenant.

(2) Any  such  landlord  who  keeps  such  premises  unoccupied  or  re-
lets  the  same  as  aforesaid  and  any  such  landlord  or  other  person  in
occupation  of  the  premises  who  fails  to  comply  with  order  of  the
Competent  Authority  under  sub-section  (1),  shall,  on  conviction,  be
punishable  with  imprisonment  for  a  term  which  may  extend  to  three
months  or  with  fine  or  with  both.”.
(2) Nothing in section 20 shall apply to a landlord referred to in clause

(c)  of  section  41.

49. A  Competent  Authority  appointed  under  this  Chapter  shall  be
deemed  to  be  a  public  servant  within  the  meaning  of  section  21  of  the
Indian  Penal  Code.

50. All  proceedings  before  a  Competent  Authority  shall  be  deemed
to  be  judicial  proceedings  for  the  purposes  of  sections  193  and  228  of  the
Indian  Penal  Code.

45  of
1860.

45  of
1860.

2  of
1974.

51. Every  Competent  Authority  shall  be  deemed  to  be  a  civil  court
for the purposes of sections 345 and 346 of the Code of Criminal Procedure,
1973.

52. No  suit,  proceeding  or  other  legal  proceedings  shall  lie  against
the  Competent  Authority  in  respect  of  anything  in  good  faith  done  or
intended  to  be  done  under  this  Act.

Section  18  to
apply  with
modification.

Competent
Authority  to
be  deemed  to
be  public
servant.

All
proceedings
before
Competent
Authority  to
be  judicial
proceedings.

Competent
Authority  to
be  deemed  to
be  civil  court
for certain
purpose.
Protection  of
action  taken
under  this
Act.

CHAPTER  IX
MISCELLANEOUS

53. Offence  under  section  10  shall  be  non-cognizable  and  offences
under sections 17, 18, 19, 21, 29, 30 and 31 shall be cognizable and shall not
be  triable  by  any  court  inferior  to  that  of  a  Metropolitan  Magistrate  or  a
Judicial  Magistrate  of  the  First  Class.

Certain
offences  to  be
cognizable.

54. Where person committing an offence under this Act is a company,
or  other  body  corporate,  or  an  association  of  persons  (whether  incorporated
or  not) or  a  firm, every  Director,  Manager, Secretary,  Agent  or other  officer
or  person  concerned  with  the  management  thereof,  and  every  partner  of
the firm shall, unless he proves that the offence was committed without his
knowledge  or  consent,  be  deemed  to  be  guilty  of  such  offence.
H 4117—5

Offiences by
companies,
etc.

30

Tenancy
agreement  to
be
compusarily
registered.

Right  of
tenant  and
landlord  to
receive lawful
charges.

Power  to
make  rules.

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

XVI  of
1908.

55.

(1) Notwithstanding  anything  contained  in  this  Act  or  any  other
law  for  the  time  being  in  force,  any  agreement  for  leave  and  licence  or
letting  of  any  premises,  entered  into  between  the  landlord  and  the  tenant
or  the  licensee,  as  the  case  may  be,  after  the  commencement  of  this  Act,
shall  be  in  writing  and  shall  be  registered  under  the  Registration  Act,
1908.

(2) The  responsibility  of  getting  such  agreement  registered  shall  be  on
the  landlord  and  in  the  absence  of  the  written  registered  agreement,  the
contention  of  the  tenant  about  the  terms  and  conditions  ,  subject  to  which
a  premises  have  been  given  to  him  by  the  landlord  on  leave  and  licence  or
have  been  let  to  him,  shall  prevail,  unless  proved  otherwise.

(3) Any  landlord  who  contravenes  the  provisions  of  this  section  shall,
on  conviction,  be  punished  with  imprisonment  which  may  extend  to  three
months  or  with  fine  not  exceeding  rupees  five  thousand  or  with  both.

56. Notwithstanding anything contained in this Act, it shall be lawful for,—
(i) the  tenant  or  any  person  acting  or  purporting  to  act  on  behalf
of  the  tenant  to  claim  or  receive  any  sum  or  any  consideration,  as  a
condition  of  the  relinquishment,  transfer  or  assignment  of  his  tenancy
of  any  premises;

(ii) the  landlord  or  any  person  acting  or  purporting  to  act  on
behalf  of  the  landlord  to  receive  any  fine,  premium  or  other  like  sum
or  deposit  or  any  consideration  in  respect  of  the  grant,  or  renewal  of
a  lease  of  any  premises,  or  for  giving  his  consent  to  the  transfer  of  a
lease  to  any  other  person.
57.

(1) The  State  Government  may,  by  notification  in  the Official
Gazette  and  subject  to  the  condition  of  previous  publication,  make  rules  for
the  purposes  of  giving  effect  to  the  provisions  of  this  Act.

(2) In particular, and without prejudice to the generality of the foregoing

provisions,  such  rules  may  provide  for,—

(a) the  manner  in  which  addition  to  the  rent  shall  be  made  under

sub-section  (2)  or  clause  (a)  of  sub-section  (3)  of  section  11  ;

(b) the  authority  from  which  a  declaration,  and  the  manner  and
the  form  in  which  declaration  or  a  certificate  from  a  notified  architect
asserting  that  it  is  necessary  to  undertake  repairs  and  the  extent
thereof  and  estimated  cost  thereof,  to  be  obtained  by  the  landlord,  and
the manner and the form in which, a certificate from such authority or
such  architect  confirming  that  the  repairs  were  carried  out  in
accordance  with  the  declaration,  or  as  the  case  may  be,  the  certificate
aforesaid,  and  fixing  the  date  of  completion  of  the  repairs  and  the
actual  expenses  thereof,  to  be  obtained  by  the  landlord  under  clause
(b)  of  sub-section  (5)  of  section  11;

(c) the  form  and  the  manner  in  which  a  receipt  is  to  be  given

under  sub-section  (1)  of  section  31  ;

(d) the manner in which rent recoverable according to any calendar
other  than  the  British  calendar  before  the  commencement  of  this  Act
shall  be  calculated  and  charged  in  terms  of  the  British  calendar  under
sub-section  (2)  of  section  32.

(e) the  procedure  to  be  followed  in  trying  or  hearing  suits,
proceedings  including  proceedings  for  execution  of  decrees  and  distress
warrants,  applications,  appeals  and  execution  of  orders  ;

(f) levy  of  court-fees  in  suits,  proceedings  and  applications

instituted  before  a  court  or  Competent  Authority  ;

(g) any  other  matter  which  has  to  be,  or  may  be,  prescribed.

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

31

Repeal  and
saving

Bom.
LVII  of
1947.
C.  P.  and
Berar  Act
XI of 1946.

Hyd.
Act  No.
XX of
1954.

(3) Every  rule  made  under  this  section  shall  be  laid,  as  soon  as  may
be,  after  it  is  made,  before  each  House  of  the  State  Legislature  while  it  is
in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session or in two successive sessions, and if, before the expiry of the session
in  which  it  is  so  laid  or  the  session  immediately  following,  both  Houses
agree in making any modification in the  rule or both Houses agree that the
rule  should  not  be  made,  the  rule  shall,  from  the  date  of  publication  of  a
notification  in  the Official  Gazette  of  such  decision,  have  effect  only  in  such
modified  form  or  be  of  no  effect,  as  the  case  may  be  ;  so  however,  that  any
such  modification  or  annulment  shall  be  without  prejudice  to  the  validity
of  anything  previoulsy  done  or  omitted  to  be  done  under  that  rule.

58.

(1) On  the  commencement  of  this  Act,  the  following  laws,  that  is

to  say,—

(a) the  Bombay  Rents,  Hotel  and  Lodging  House  Rates  Control

Act,  1947  ;

(b) the  Central  Provinces  and  Berar  Regulation  of  Letting  of
Accommodation  Act,  1946  including  the  Central  Provinces  and  Berar
Letting  of  Houses  and  Rent  Control  Order,  1949;  and

(c) the  Hyderabad  Houses  (Rent,  Eviction  and  Lease)  Control  Act,

1954,
shall  stand  repealed.
(2) Notwithstanding  such  repeal,—

(a) all  applications,  suits  and  other  proceedings  under  the  said
Acts,  pending  on  the  date  of  commencement  of  this  Act  before  any
Court,  Controller,  Competent  Authority  or  other  office  or  authority,
shall  be  continued  and  disposed  of,  in  accordance  with  the  provisions
of  the  Acts  so  repealed,  as  if  the  said  Acts  had  continued  in  force  and
this  Act  had  not  been  passed  ;

(b) the  provisions  for  appeal  under  the  Acts  so  repealed  shall
continue  in  force  in  respect  of  applications,  suits  and  proceedings
disposed  of  thereunder  ;

(c) any  appointment,  rule  and  notification  made  or  issued  under
any  of  the  repealed  Acts  and  in  force  on  the  date  of  commencement  of
this Act shall, in so far as they are not inconsistant with the provisions
of this Act, be deemed to have been made or issued under this Act and
shall  continue  in  force  until  it  is  superseded  or  modified  by  any
appointment,  rule  or  notification  made  or  issued  under  this  Act;

(d) all  prosecutions  instituted  under  the  provisions  of  any  of  the
repealed  Acts  shall  be  effective  and  disposed  of  in  accordance  with  the
law.
59. For  the  removal  of  doubt  it  is  hereby  declared  that,  unless  there
is  anything  repugnant  in  subject  or  context,  references  to  suits  or
proceedings  in  this  Act  shall  include  reference  to  proceedings  under
Chapter-VII of the Presidency Small Causes Courts Act, 1882, and reference
to  decrees  in  this  Act  shall  include  reference  to  final  orders  in  such
proceedings.

XVI  of
1882.

60.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act  unifying,  consolidating  and  amending  the  laws  relating  to  the  control
of  rent  and  eviction  and  other  connected  matters  in  the  repealed  Acts,  and
as are contained in this Act, the State Government may, as occasion arises,
by  order  do  anything  which  appears  to  it  to  be  necessary  for  the  purpose
of  removing  the  difficulty  :

Provided  that,  no  such  order  shall  be  made  after  the  expiry  of  the

period  of  two  years  from  the  date  of  commencement  of  this  Act.

Removal  of
doubt  as
regards
proceedings
under
Chapter  VII
of  the
Presidency
Small  Causes
Court  Act,
1882.
Removal  of
difficulty.

32

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

SCHEDULE  I
[See  section  2  (2)]
[Areas  to  which  the  Bombay  Rents,  Hotel  and  Lodging  House  Rates
Control  Act,  1947  (Bom.  LVII  of  1947)  or  the  Central  Provinces  and  Berar
Letting  of  Houses  and  Rent  Control  Order,  1949  issued  under  the  Central
Provinces  and  Berar  Regulation  of  Letting  of  Accommodation  Act,  1946
(C.  P.  and  Berar  Act  No.  XI  of  1946),  or  the  Hyderabad  Houses  (Rent,
Eviction  and  Lease)  Control  Act,  1954  (Hyd.  Act  No.  XX  of  1954)  were
extended  before  the  commencement  of  the  Maharashtra  Rent  Control  Act,
1999  (Mah.  XVIII  of  2000);  and  to  which  now  the  Maharashtra  Act  No.
XVIII  of  2000  applies].

Serial  No.
(1)

1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

Name  of  the  area
(2)

PART  I

Brihan  Mumbai  Municipal  Corporation.
Thane  District—
Thane  Municipal  Corporation.
Kalyan  Municipal  Corporation.
Ambarnath  Municipal  Council.
Vasai  Municipal  Council.
Virar  Municipal  Council.
Bhivandi-Nijampur  Municipal  Council.
Dahanu  Municipal  Council.
Ulhasnagar  Municipal  Corporation.
Mira-Bhayendar  Municipal  Council.
Javhar  Municipal  Council.
Navghar-Manikpur  Municipal  Council.
Sahad.
Chikhalghar.
Palghar.
Naveli.
Manor.
Kalva  Road.
Sarvali.
Tulangi.
Vimrale.
 Nale.
Wada.
Nargad  Village.
Malyan.
Masoli.
Vangaon  Village.
Bordi  Village.
Gholvad  Village.
Kahoj-Kuthvali  Village.
Chinchani  Village.

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

33

(1)

(2)

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53
54

55

56

57

58

59

60

61

62

63

1

2

3

4

5

6

Padgha  Village.

Shahapur  Village.

Murbad.

Boisar.

Khatalwada  Village.

Nargol  Village.

Shirgaon  Village.

Umberpada  Nanded  Village.

Khardi  Village  (Taluka  Shahapur).

Kulgaon  Village  (Taluka  Kalyan).

Manda  Village  (Taluka  Kalyan).

Gaj  Bandhan  Partharli  Village  (Taluka  Kalyan).

Agashi  (Taluka  Bassein).

Arnala  (Taluka  Bassein).

Nilmore  (Taluka  Bassein).

Mohane  Village  (Taluka  Kalyan).

Tarapur  Village  {Taluka  Palghar).

Bolinj  Village  (Taluka  Bassein).

Sopara  Village  (Taluka  Bassein).

Katemanivali  Village  (Taluka  Kalyan).

Washind  Village  (Taluka  Shahapur).

Devanman  Village  (Taluka  Bassein).

Belapur  Village  Panchayat  (Taluka  Thane).
Kasara  Village  (Taluka  Shahapur).

Majivada  Grampanchayat  (Taluka  Thane).

Tulunj Umarale Nale and Naigaon Village (Taluka Bassein).

Kelva  Road  Village  (Taluka  Palghar).

Vangaon  Village  (Taluka  Dahanu).

Saravali  Village  (Taluka  Palghar).

Achole,  Waghod,  Nirmal.

Malegaon  (Kochiwade).

Vadavali  (Pali)  Village  (Taluka  Bassein).

Gokhivara  Village  (Taluka  Bassein).

Raigad  District  ––

Alibag  Municipal  Council.

Mahad  Municipal  Council.

Panvel  Municipal  Council.

Pen  Municipal  Council.

Roha  Municipal  Council.

Uran  Municipal  Council.

(G.C.P.) H 4117—6 (7042––3–2016)

34

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

(1)

(2)

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1

2

3

4

5

6

7

8

9

10

11

12

13

1

2

3

4

5

6

Khopoli  Municipal  Council.

Srivardhan  Municipal  Council.

Murud-Janjira  Municipal  Council.

Matheran  Municipal  Council.

Karjat  Municipal  Council.

Neral  Village.

Poladpur  Village.

Dahivali  Village.

Pali  Village.

Revdanda  Village.

Poinad  Village.

Taloja  Pachnand.

Mhasla  Village.

Karanja  Village.

Samuha  Grampanchayat  Chowk.

Devlad,  Bhanvaj,  Rahatvad,  Vihari.

Shil,  Bhulegaon  Budruk,  Varsetarhe-Vasrange

and  Katrang  Village.

Villages  in  Samuha  Grampanchayat  Village—  Karjat,
Bhisegaon,  Mundre  Khurd,  Mundre  Budruk  and  Gunde.

Ratnagiri  District—

Ratnagiri  Municipal  Council.

Chiplun  Municipal  Council.

Khed  Municipal  Council.

Rajapur  Municipal  Council.

Deorukh  (Taluka-Sangameshwar).

Lanja  (Taluka-Lanja).

Guhagar  (Taluka-Guhagar).

Dapoli.

Sangameshwar.

Makhjan  (Taluka-Sangameshwar).

Nawadi  (Taluka-Sangameshwar).

Dabhol  (Dapoli).

Durgawadi  (Taluka-Chiplun).

Sindhudurga  District—

Malwan  Municipal  Council.

Vengurla  Municipal  Council.

Sawantwadi  Municipal  Council.

Kankawali  (Taluka-Kankawali).

Kudal  (Taluka-Kudal).

Deobag  (Taluka-Malwan).

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

35

(1)

(2)

Nashik  District—
Nashik  Municipal  Corporation.
Malegaon  Municipal  Council.
Igatpuri  Municipal  Council.
Nandgaon  Municipal  Council.
Sinnar  Municipal  Council.
Manmad  Municipal  Council.
Yewala  Municipal  Council.
Trimbak  Municipal  Council.
Bhagur  Municipal  Council.
Satana  Municipal  Council.
Pimpalgaon  Busawantagaon.
Lasalgaon  (Taluka  Lasalgaon).
Chandorgaon  (Taluka  Nandagaon).
Kalwan  Municipal  Council.
Ozergaon  Municipal  Council.
Ghotigaon  (Igatpuri  Taluka).
Niphad  city  and  Kasabe,  Sukene,  Mouje  Shukene  and
Kundawadi  Villages.

Dhule  District—
Dhule  Municipal  Council.
Nandurbar  Municipal  Council.
Shahada  Municipal  Council.
Shirpur  Varvade  Municipal  Council.
Dondaicha  Varvade  Municipal  Council.
Taloda  Municipal  Council.
Navapur  (Taluka  Navapur).
Sindhakheda  (Taluka  Sindhakheda).
Sakri  (Taluka  Sakri).

Jalgaon  District—
Jalgaon  Municipal  Council.
Bhusawal  Municipal  Council.
Amalner  Municipal  Council.
Chalisgaon  Municipal  Council.
Pachora  Municipal  Council.
Chopada  Municipal  Council.
Yawal  Municipal  Council.
Rawer  Municipal  Council.
Sawada  Municipal  Council.
Faijpur  Municipal  Council.
Parola  Municipal  Council.
Dharangaon  Municipal  Council.
Bhadgaon.
Shenduraigaon.

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H 4117—6a

36

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

(1)

(2)

Ahmednagar  District—

Ahmednagar  Municipal  Council.

Sangamner  Municipal  Council.

Kopargaon  Municipal  Council.

Shrirampur  Municipal  Council.

Akola  Village.

Rahata  Village  (Taluka  Kopargaon).

Shirdi  Village  (Taluka  Kopargaon).

Pune  District—

Pune  Municipal  Corporation.

Pimpari-Chinchawad  Municipal  Corporation.

Lonawala  Municipal  Council.

Baramati  Municipal  Council.

Shirur  Municipal  Council.

Talegaon-Dabhade  Municipal  Council.

Bhor  Municipal  Council.

Daund  Municipal  Council.

Dehu  Municipal  Council.

Kinhai.

Kiwade.

Chikhali.

Nigadi.

Phulwada.

Satara  District—

Satara  Municipal  Council.

Karad  Municipal  Council.

Panchgani  Municipal  Council.

Mahableshwar  Municipal  Council.

Vai  Municipal  Council.

Phaltan  Municipal  Council.

Sangli  District—

Sangli-Miraj-Kupwad  Municipal  Corporation.

Tasgaon  Municipal  Council.

Vita  Municipal  Council.

Islampur  Municipal  Council.

Madhav  Nagar  (Taluka  Miraj).

Ogalewadi.

Sadashivgad.

1

2

3

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6

7

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1

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7

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

37

(1)

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(2)

Solapur  District—

Solapur  Municipal  Corporation.

Barshi  Municipal  Council.

Pandharpur  Municipal  Council.

Karmala  Municipal  Council.

Sangola  Municipal  Council.

Kurduwadi  Municipal  Council.

Akkalkot  Municipal  Council.

Mangalveda  Municipal  Council.

Madha.

Mahol.

Malshiras  (Taluka  Malshiras).

Takali  (Tembhurni)  (Taluka  Madha).

Akluj  (Taluka  Malshiras).

Vairag  (Taluka  Barshi).

Salgar  (Taluka  Akkalkot).

Kolhapur  District—

Kolhapur  Municipal  Corporation.

Ichalkaranji  Municipal  Council.

Jaisingpur  Municipal  Council.

Gadhinglaj  Municipal  Council.

Kagal  Municipal  Council.

PART  II

Aurangabad  Municipal  Corporation.

Nanded—Waghala  Municipal  Corporation.

Beed  Municipal  Council

Parbhani  Municipal  Council

Osmanabad  Municipal  Council

Jalna  Municipal  Council.

Parli-Baijnath  Municipal  Council

Hingoli  Municipal  Council.

Dharmabad  Municipal  Council.

Sailu  Municipal  Council.

Purna  Municipal  Council.

Latur  Municipal  Council.

Mominabad  Municipal  Council.

38

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

(1)

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11

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10

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8

(2)

PART  III

Amravati  District—
Amravati  Municipal  Corporation.
Achalpur  Municipal  Council.
Anjangaon  Surji  Municipal  Council.
Chandur  Bazar  Municipal  Council.
Dhamangaon  Village  Municipal  Council.
Shendurjana  Municipal  Council.
Chikhaldara  Municipal  Council.
Morshi  Municipal  Council.
Warud  Municipal  Council.
Daryapur  Municipal  Council.
Chandur  Railway  Municipal  Council.

Buldhana  District—
Buldhana  Municipal  Council.
Khamgaon  Municipal  Council.
Malkapur  Municipal  Council.
Shegaon  Municipal  Council.
Jalgaon-Jamod  Municipal  Council.
Mehekar  Municipal  Council.
Chikhli  Municipal  Council.
Deolgaon  Raja  Municipal  Council.
Sindhkhed  Raja  Municipal  Council.
Lonar  Municipal  Council.

Akola  District—
Akola  Municipal  Council.
Akot  Municipal  Council.
Karanja  Municipal  Council.
Washim  Municipal  Council.
Murtzapur  Municipal  Council.
Balapur  Municipal  Council.
Telhara  Municipal  Council.
Patur  Municipal  Council.
Manglurpeer  Municipal  Council.
Risod  Municipal  Council

Yavatmal  District—
Yavatmal  Municipal  Council.
Wani  Municipal  Council.
Pusad  Municipal  Council.
Darwha  Municipal  Council.
Umarkhed  Municipal  Council.
Ghatanji  Municipal  Council.
Pandhar  Kavada  Municipal  Council
Digras  Municipal  Council.

2000 : Mah. XVIII]

The Maharashtra Rent Control Act, 1999

39

(1)

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(2)

Nagpur  District—
Nagpur  Municipal  Corporation.
Khapa  Municipal  Council.
Kamathi  Municipal  Council.
Umred  Municipal  Council.
Kalameshwar  Municipal  Council.
Savner  Municipal  Council.
Mowad  Municipal  Council.
Katol  Municipal  Council.
Narkhed  Municipal  Council.
Mohapa  Municipal  Council.
Ramtek  Municipal  Council.

Wardha  District—
Wardha  Municipal  Council.
Hinganghat  Municipal  Council.
Deoli  Municipal  Council.
Sindi  Municipal  Council.
Arvi  Municipal  Council.
Pulgaon  Municipal  Council.

Bhandara  District—
Bhandara  Municipal  Council.
Gondiya  Municipal  Council.
Tumsar  Municipal  Council.
Pauni  Municipal  Council.
Tirora  Municipal  Council.

Chandrapur  District—
Chandrapur  Municipal  Council.
Warora  Municipal  Council.
Ballarpur  Municipal  Council.
Mul  Municipal  Council.
Brahmapuri  Municipal  Council.

Gadchiroli  District—
Gadchiroli  Municipal  Council.
Desaiganj  Municipal  Council.

PART  IV

Cantonments—
Pune  Cantonments.
Kirkee  Cantonments.
Ahmednagar  Cantonments.
Deolali  Cantonments.
Kamtee  Cantonments.
Aurangabad  Cantonments.
Dehuroad  Cantonments.

40

The Maharashtra Rent Control Act, 1999

[2000 : Mah. XVIII

SCHEDULE  II
[See  section  2  (3)  ]
(Area  to  which  the  Maharashtra  Rent  Control  Act,  1999  applies)

Serial
No.

(1)

1

Name  of
the  area

Population  of
the  area

(2)

(3)

Name  of  the  district
in  which  the
  said  area  is  included
(4)

Navi  Mumbai

3,07,297

Thane

SCHEDULE  III
[See  section  43  (2)]

Form  of  summons  in  a  case  where  recovery  of  possession  of  premises

is  prayed  of  under  Chapter  XI

Before  the  Competent  Authority  for ....................................
To,
...............................................................................................................................
(Name,  description  and  place  of  residence  of  the  *tenant/*licensee/*agent).
WHEREAS  Shri ........................................................ filed  an  application
(a  copy  of  which  is  annexed)  for  your  eviction  from  (here  insert  the
particulars  of  the  premises)  on  the  ground  specified  in  section  23/24  of  the
Maharashtra  Rent  Control  Act,  1999.

You  are  hereby  summoned  to  appear  before  the  Competent  Authority
in its office at............................................................................................... within
fifteen  days  of  the  service  hereof  and  to  obtain  the  leave  of  the  Competent
Authority  to  contest  the  application  for  eviction  on  the  ground  aforesaid,
in  default  whereof,  the  applicant  will  be  entitled  at  any  time  after  the
expiry  of  the  said  period  of  fifteen  days  to  obtain  an  order  for  your  eviction
from  the  said  premises.

Leave  to  appear  and  contest  the  application  may  be  obtained  on  an
application  to  the  Competent  Authority  which  shall  be  supported  by  an
affidavit  as  is  referred  to  in  clause  (a)  of  sub-section  (4)  of  section  43.

Given  under  my  hand  and  seal.
day  of

19

This

*  Score  out  whichever  is  not  applicable.

Competent  Authority.

GOVERNMENT CENTRAL PRESS, MUMBAI

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : (022) - 23632693, 23630695,

23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : (020) - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : (0712) - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : (0240) - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : (0231)-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

